Parliamentary power: Kurds did not provide a convincing justification for non-commitment to pay oil money

[SnowGlobe7]

[Pitcher]

Damn

[TexasMike1958]

amday......

[newbieDA]

17 hours ago, DinarThug said:

It Sounds Like Article 140 Is In The Bag !  

 

     

 

 

http://alforatnews.com/modules.....yid=155008

Kurdish leader: An infallible bag will be full of good news for the Iraqi and Kurdish people

 

2017/11/28 21:46

The leader of the Patriotic Union of Kurdistan Ghayath al-Surji said that the portfolio of President Fuad Masoum to resolve the crisis between the region and the center will be full of good news for the Iraqi and Kurdish people.

 

"Al-Surji told the {Euphrates News} today that" infallible presented to the Kurdistan region three issues to resolve outstanding problems in the region in addition to resolving the crisis between Baghdad and Erbil, which is ending the problems in the Patriotic Union of Kurdistan and visit Kirkuk to see his situation, That "a bag infallible will be full of good news for the Iraqi people and the Kurds." 

He said that "infallible mentioned Article 140, which is the key to resolving the disputed areas, especially in Kirkuk, where he said infallible during his visit to the province that this article is valid to resolve the crisis between all components in the province. 

He said that "infallible held a meeting today with leaders of the Kurdistan Islamic Group, and tomorrow will be meeting with the head of the government of the Territory, Nizar Barzani and his deputy Qubad, and also meet with Massoud Barzani and then will meet all the Kurdish parties."

 

Was looking for this if you remember, Article 140 and HCL go hand in hand I thought.

 

[newbieDA]

2 hours ago, 10 YEARS LATER said:

( OMG ! See what y'all did- I said HELL - uh, can we say HELL in here ? ) 

 

[newbieDA]

4 hours ago, SnowGlobe7 said:

 

4 hours ago, SnowGlobe7 said:

[yota691]

Nassif warns of assassinations and reprisals against security and counterterrorism personnel

 

 Since 2017-11-30 at 09:55 (Baghdad time)

Baghdad Mawazine News

Parliament member Alia Nassif accused the Kurdistan Democratic Party (KDP) and the Mossad of supporting the assassination of an officer known for being the first to raise the Iraqi flag on the building of the Kirkuk Council after the security forces imposed the law in the province, warning of assassinations and reprisals targeting members Security and counter-terrorism.

"The hands of treason and treachery from the Kurdistan Democratic Party (KDP) intelligence and with the support of its Israeli intelligence partner (Mossad) assassinated Captain Ahmed Salah al-Jarrah, who was famous for being the first to raise the Iraqi flag on a council building," Nasif said in a statement. Kirkuk province after the security forces imposed the law in the province. "

"The message is very clear, and the bats of darkness carried out their revenge through the assassination of an officer whose national duty was interpreted by Massoud Barzani's militia as a breach of their will."

Nassif pointed out that "the martyr officer was assassinated in the area of freedom in Baghdad," explaining that "there is information that the leaders of the proud boast that they have arms extending to Basra, and they send letters of threat from time to time to Kurdish opponents in Europe and Australia and assure them that they are able To liquidate them physically if they continue to publish articles attacking Barzani. "

"The Parastin Lahez is a hair of Iraqis who have won the most powerful terrorist organization in the world, but treason is a cowardly coward who does not appear and faces his opponent face to face," she said, warning of "assassinations and reprisals targeting members of the security forces and the counterterrorism apparatus who have taken part in stabilizing security and imposing prestige Law in Kirkuk ".

The MP asked the state of law, the commander-in-chief of the armed forces and senior security commanders, to "protect the members of the security forces and the counterterrorism forces who participated in the establishment of security and law in Kirkuk, with the formation of a working cell in the intelligence service to detect the activities of the Parastin and prosecute their criminals and spies in Baghdad and the provinces" .anthy 29 / a 43

[gregp]

Greed. Money.  Barzani. 

 

[yota691]

Iraqi government violations of the constitution .. Evidence and evidence

Thus, Iraq emptied the Constitution from its content ...

 

 30/11/2017 - 13:52

 

 

 

A document prepared by a group of experts and professors of law, constitutional law and international relations in the province of Kurdistan, and obtained by (Basneoz), showed accurately the set of articles and constitutional clauses violated by the federal government.

The Kurdistan Regional Government and Kurdish leaders have long accused Baghdad of violating the constitution in its dealings with the region or with regard to the components of the other Iraqi people. The situation in the country is not what it is now, and the crisis after the crisis created relations between the components of the Iraqi people and the political, economic, social and security conditions. .

According to those who prepared the document, they tried to shed light on the emptying of Baghdad the content of the permanent Iraqi constitution of its meaning on the rights, interests and fateful issues of the people of Kurdistan and its political entity, and on the basis of evidence and information and objective opinions prove the fact that successive Iraqi governments after 2005 ) Is responsible for the non-implementation of the Constitution of Iraq, and also decided the people of Kurdistan freedom and choice of union with the components and spectrum of the Iraqi people by adhering to the Constitution, which was supposed to preserve Iraq's free union land and sovereignty, decided to exercise his freedom and choice of his right to self-determination Himself through the referendum as a democratic and peaceful.

The document reads as follows:

Introduction:

The people of Kurdistan, which has all the elements and elements of the independent cultural, national and political identity, which has lived for thousands of years in its native Kurdistan, maintain its existence and identity, contrary to its will and under the influence of the interests of the major powers and political equations associated with regional and international power struggles , The right to Iraq after the First World War forcibly subjected to repression and persecution and against him the policy of racial and national discrimination by the successive Iraqi governments and violated their rights and freedoms, and subjected to genocide and Anfal and used against him chemical weapons prohibited and deportation and Gere forcibly, and committed against the kinds of crimes against humanity.

With a popular and political will derived from the liberation movement of the people of Kurdistan, they rose against injustice and dictatorship in the spring of 1991, putting the first building blocks of an independent political entity through free democratic elections. The political leadership of the people of Kurdistan played a prominent role in the political and military preparations for the success of the 2003 Iraqi liberation process and the democratic transition, and exerted all its resources to write a constitution. A new political and social contract to build a civil state in which the rule of law prevails and citizens enjoy equal rights and freedoms. A democratic constitution for Iraq was ratified in 2005 through a constitutional referendum in which the people of Kurdistan participated actively with Protective components of the Iraqi people, which you installed the basic principles Baina State of Iraq, and of federalism, democracy and genuine partnership for the nationalities and the components of the Iraqi people in power and political decision, and its continuation as a federal democracy capable of confronting terrorism and providing stability and and services to its citizens security.

What is regrettable is the emergence of the ruling political elite and the power holders in Baghdad from the constitution and its violation, and the policy of exclusion and marginalization of the constituents of the people instead of national interest and tolerance, and chose dependency instead of turning the Iraqi political decision into an independent national decision, The use of political power and the economic and military capabilities of the state and dedicated these capabilities for the purpose of controlling the component and marginalization of other components and weaken the political entity of the state, instead of supporting the rights and gains of the people of Kurdistan threatened to use military force against him and the declaration of economic war and cut the budget and salaries of citizens Except And thus no meaning remains of the principle of partnership in political authority.

As a result of these misguided policies and the sectarian political mentality, the Iraqi state has become an arena for settling the regional accounts in the Middle East and a source of sectarian war that has displaced millions, killed thousands, destroyed cities, erased history and civilization by leaving one third of Iraq's geography, Countries in the world instead of becoming a successful federal, democratic and civilian state.

In this memorandum, we try to shed light on the emptiness of the content of the permanent Iraqi constitution with regard to the rights, interests and fateful issues of the people of Kurdistan and its political entity, and we aim, on the basis of evidence, information and objective opinions, to prove the fact that successive Iraqi governments after 2005 are responsible for The Iraqi people have not decided to abide by the constitution, which was supposed to preserve Iraq's free and sovereign union. It also decided to exercise its freedom and freedom to choose its own right through self-determination. Astrophysics DONC as a democratic and peaceful.

The first axis: initial violations Federalism and true partnership:

The principle of participation is the basis of a federal state. It is impossible to imagine the establishment of the federal system without taking into consideration the principle of applying this principle, which is applied through a set of institutions and constitutional procedures. And to prevent their disintegration.

The principle of participation is based on the fact that the regions of the federal state are entities with an identity of their own, regardless of the fact that they are based on the national, religious, sectarian or even historical geographical basis, which must be taken into consideration in the decision-making process. The principle of participation in the federal state is twofold: First, the institutional dimension, namely, the formation of private institutions to implement this principle. One of the most prominent of these traditional institutions to guarantee the rights of the regions in the federal decision-making process is the Federal House, Of representatives of the constituent region of the Federation Where the representation of the region where equally in the federal states, compared to the second Council (parliament), which represents citizens at the level all over the country combined. Other institutions can also be created to ensure the rights of the region to the Union in the political process and decision-making. And second: the procedural dimension, which appears by taking the opinion and interest of the region in consideration of the process of decision-making by the federal institutions, and by ensuring the share of the region in the federal executive authority and the judiciary, albeit indirectly and without specifying the region by name, And the establishment of special legal obstacles such as the need to obtain two-thirds or three-quarters of the votes of members of these institutions in the process of decision-making, in order to prevent harm to the basis of the federal state (participation principle) in these institutions by issuing decisions by simple majority or shot, From time to time Imposing the opinion and interest of the large regions or federal authorities on the opinion of the interests of small regions or regional authorities.

What should be noted is the survival and continuity of any federal state based on the text of the Federal Constitution on the principle of participation and its application. Security Council Resolution 2367 of July 14, 2017 on Iraq referred to the importance of this principle under, Iraq and the Kurdistan Regional Government in the spirit of (sincere participation) based on the Constitution, in addition to many of the resolutions of the Security Council, which in turn confirmed respect for the principle of participation.

Iraq's federal constitution of 2005 provided for this principle in many of its articles. This was to ensure that Iraq remained united and convince the Kurdistan Region of Iraq to return to the framework of the Iraqi political process after it had been abandoned since 1991 as a result of the neglect of the rights of Kurdistan by successive Iraqi governments Since the establishment of the Iraqi state in general and by the Baath regime in particular. However, despite the continuing demands of the Kurdistan Region to respect the principle of partnership, but the Iraqi state since 2005 and to the writing of this report, you built this principle through the disruption and non-application of the constitutional provisions that were allocated to ensure the application of this principle, which was founded by the Iraqi state in the Constitution of 2005 Under this heading, there are many constitutional articles that have been violated by the Iraqi government. The most important of these articles can be summarized as follows:

Article (1): It is the article that changed the features of the Iraqi state when it determined the type of the Iraqi state and the form and nature of its system of government, stressing that it is a single federal state, independent and sovereign, and the system of government is a parliamentary parliamentary. This constitution guarantees the unity of Iraq. More than ten years after the constitution came into force, the Iraqi state is still closer to the constitution. A simple state to a real federal state because of the failure to apply the basic principles of the federal system as a double source of the Iraqi legislative authority and the principle of partnership and the principle of multi-regions.

2 Article (4) / I and II: which states that the Arabic and Kurdish languages are the official languages in Iraq at the level of the institutions of the Union. This article came to ensure the implementation of the real partnership of the two main components of the State of Iraq (Arabs and Kurds) In practice, the Iraqi government did not put the official languages law into practice so as to give the Arabic and Kurdish languages the same level of official status. Where the neglect and marginalization of the Kurdish language in the institutions of the Union and the discussions of the meetings of the Iraqi parliament, also did not apply this article on the scale of the Iraqi currency, and still the Kurdish language, which is one of the official languages, is absent on the Iraqi currency.

Article (9 / I / paragraphs A, B): that impose the balance and symmetry of the components of the Iraqi people when the formation of the Iraqi army, this text came in the light of bitter experiences experienced by the Iraqi people from the misuse of the Iraqi army by a national component Or sectarianism as a tool to suppress and eliminate the rest of the nationalities and the components of the Iraqi people. The experience of the Kurdish people of oppression and genocide by the Iraqi army, especially during the Baath regime, resonated significantly at the internal and international levels. In order to prevent the repetition of these tragedies, the Constitution approved the principle of the participation of all components of the Iraqi people in the formation of the new Iraqi army. , And more than twelve years after the adoption of the new constitution, clearly indicates the violation of this principle and therefore the lack of balance between the components in the composition of the Iraqi army, but there are a number of military militias outside the scope of the Iraqi army, the most prominent militias of popular mobilization, Popular Crowd Body (R. M (40) for the year 2016 published in the Official Gazette of Iraq Fact Sheet No. (4429), issued by the Iraqi parliament on November 26, 2016, which is a breach of national partnership. Where the body of popular mobilization, in accordance with this law, a military form independent of the Iraqi army, but a parallel force and competition, has been founded on a sectarian basis, an uncontrolled and non-professional and have political positions, which is a violation of the Iraqi constitution when the prohibition of The role of the armed forces on the political level, it can not be explained with the existence of the Iraqi army, but as a sectarian force that wants to impose a certain sectarian view and will on the political process, while this law is contrary and flagrant violation of the Iraqi constitution.

Article 12 First: The Iraqi legislative authority did not implement article 12 / first of the organization of the flag of Iraq and its emblem and national anthem, which symbolizes the components of the Iraqi people, where so far does not symbolize the Iraqi flag and its logo and songs to all components of the people And not even to the basic components of the Iraqi people.

5 Articles (48, 65 and 137): One of the main violations of the principle of participation by the federal authorities in general and the legislative authority in particular is to impede the application of articles (48, 65 and 137) of the Constitution concerning the realization of the principle of participation and balance between The federal authorities and the authorities of the regions through the formation of the Council of the Union (the Council of Thances of Parliament), where so far the Iraqi parliament alone legislates the laws in accordance with the principle of the majority and without taking into account the views of the provinces and provinces, which made the interests of the provinces and provinces at the mercy of large parties, Sunni and Kurdish at the mercy of the Shiite component Constitutes the majority of the Iraqi people and thus the majority of the Iraqi parliament. This is a blow to the principle of participation, and there is no evidence that the Iraqi parliament to enact the law of the formation of the Federal Council in the near future. On the other hand, the large Shiite blocs, taking advantage of their weight and the size of their seats in the Iraqi parliament for their own interests and the interest of the Shiite community under the guise of the principle of majority in the democratic system without taking into account the views and rights of the Kurds and the rest of the components of the Iraqi people.

6 The federal court is a federal state, which ensures the implementation of the federal constitution and the resolution of disputes between the regions and the federal government. Therefore, this court guarantees the application of the federal principle. The Iraqi Federal Constitution stipulates in Article (92) the necessity of forming this court through a law enacted by the Iraqi parliament. However, until now, the Iraqi parliament disrupted this article in practice. Federal Court according to the Constitution. On the other hand, the Constitution neglected the international standards in the composition of the Federal Court by stipulating the allocation of a proportion of its seats (for the jurisprudents), as well as the intervention of the Federal executive power a lot during the last period, especially the former Prime Minister Nuri al-Maliki, in the affairs of this court and has politicized, Great harm to their work, reputation and neutrality.

7. In order to improve the application of the principle of genuine participation in governance, through the achievement of balance and guarantee the rights of regions and provinces not organized in the regions, the Iraqi Constitution, in Articles 105, 106, 107, on the need to establish a set of bodies by law, To ensure the rights of regions and governorates not organized in a region in the fair participation in the administration of various federal state institutions, missions and fellowships, delegations and regional and international conferences, which must consist of representatives of the federal government and the regions and governorates not organized in the province. As well as the formation of a public authority to monitor the allocation of federal imports, which must be composed of experts of the federal government, regions and provinces and their representatives to ensure the verification of the equitable distribution of grants and international aid and loans under the entitlement of regions and provinces not organized in the province. And to verify the use and sharing of federal financial resources. And to ensure transparency and justice when allocating funds to the governments of regions or governorates that are not organized in a region according to the prescribed rates. As well as the establishment of the Federal Public Service Council to organize the affairs of the federal public service, including appointment and promotion. However, what is noticed is that the Iraqi federal authorities (both executive and legislative) have not taken any step towards establishing these bodies necessary to apply the principle of federalism and genuine participation, and there is no program to implement these important and necessary materials to protect the rights of our Kurdish people to the federal authorities.

8. On the other hand, there is a lack of real intention of the Iraqi governments to implement the Iraqi constitution in general and the articles that establish the federal state, especially with regard to the application of articles (117 / II, 118, 119) concerning the formation of new territories. To fight the formation of the provinces, whether publicly or not publicly, and a prominent example in this area is to prevent the formation of the province of Salah al-Din by Prime Minister Nuri al-Maliki, where on 27 October 2011 voted the province of Salah al-Din to make the province a federal province in accordance with the Constitution, The request was approved by the governmentFederal order to complete the legal and official procedures to declare the province a province. And then stopped working on this issue as a result of the opposition of the Iraqi government.

Article (121 / III and IV) and related to the rights of the financial and diplomatic regions, where the Kurdistan Region has not allocated its fair share of revenues since 2014, and did not establish in most of the embassies and diplomatic missions of Iraq offices of the diplomatic representation of the province.

Article (141) The Iraqi government fought the application of this article by fighting laws and decisions issued by the Kurdistan Region.

11 The Iraqi Parliament passed the legislation of the General Elections Law by an absolute majority without taking into account the claims of the region and the minorities. The division of Iraq into several districts is equal to the number of governorates, after all of Iraq was considered one constituency in the first general elections in 2005, First, the parliament distributed the seats of parliament to the provinces on the basis of the proportion of the population of each province for the population of all of Iraq, but in fact can not verify the accuracy of the population of the provinces in the absence of a reliable public census so far. Secondly, the division of Iraq into several constituencies without assigning seats to minorities in a fair and equitable manner leads to the loss of these minorities to many of their seats, which leads to the disruption of the composition of the parliament in terms of the extent of the representation of the Iraqi people, The region) to disrupt the real partnership and honest, and thus lead to influence on the principle of consensus within the legislature

The second axis: violating the principle of democracy and separation of powers:

The federal authorities did not abide by the principle of separation of powers, which is the foundation of the democratic system that guarantees the establishment of a civil state. Article 47 of the Iraqi constitution stipulates that the federal authorities are composed of legislative, executive and judicial authorities. The principle of separation of powers. However, this separation was not achieved as hoped, through the incomplete construction of the federal institutions required to consolidate the separation of powers or the lack of legislation laws in line with the spirit of the democratic system and the predominance of the executive power over the judicial and legislative authorities.

First: The executive branch's interference in the work of the judiciary: Article 130 of the Constitution provides that: The legislation in force shall remain in force unless it is repealed or amended in accordance with the provisions of this Constitution. The work of many decisions of the dissolved Revolutionary Command Council, which gives judicial powers to the executive authority, continued as follows: Article (19 / V), Article (19 / XII) and Article 37 / 88), respectively: the accused is presumed innocent until proved guilty in a fair trial, prohibits detention, no one may be arrested or interrogated except by judicial order. Judges are independent and have no authority over their jurisdiction other than the law. On the other hand, the decisions of the Revolutionary Command Council are still in force that violate the independence of the judiciary, such as Decision No. 27 of February 4, 1992, which grants the Minister of the Interior powers to impose fines and detain violators. Resolution No. 55 of 1992 provides for the authorization of the Mayor of Baghdad Reservation of persons for a period of (15) days to a month. And resolution (160) in 1993 and amended in resolution (73) in 1994 granted the Minister of Commerce the power to impose fines and the seizure of funds, Resolution (160) 1997 and amended, Resolution No. (5) in 2002 granted the Minister of Transport the arrest of persons, Are valid and affect the independence of the judiciary: Decision (494), (1333) for 1984, and (215) on 20/2/1979 and resolution (515) on 5/5/1985. This is in addition to the numerous reports that the executive branch intervenes in court decisions.

Second: The intervention of the executive branch in the work of the legislative authority and violation of Article (61) of the Constitution, which provides for the powers of the Council of Representatives, including paragraphs (V and IX) and approval of the appointment of ambassadors and holders of special grades. The chief of staff of the army, his assistants and those in the rank of division commander and above, and the head of the intelligence service, on the proposal of the Council of Ministers. Iraqi governments did not take into account the separation of powers in this article, which exceeded the powers of the parliament in the appointment of senior Iraqi army leaders, and in declaring the state of emergency because the declaration of war and emergency must be approved by a two-thirds majority at the joint request of the President and the Prime Minister .

Third: The monopoly of the Prime Minister and his office The powers of the Council of Ministers: Articles 80 and 85 of the Constitution have not been properly applied by the successive Iraqi governments. Article 80 stipulates the exercise of powers provided by the Council of Ministers. (Article 85), which requires the establishment of an internal system of the Council of Ministers. The aim was to consolidate the state of monopolization of the Authority during two elections. The Political Agreement Document of 2014, The establishment of the third government after the implementation of the Constitution on the need to establish internal rules for the magazine The ministers did not issue only at the end of 2014, after he caused his absence separately the Prime Minister with all the decisions in the state.

Fourth: the intervention of the executive authority in the affairs of independent bodies:

The Iraqi constitution for the year 2005 allocated a special section for the independent bodies of the articles. The High Commission for Human Rights, the Independent Commission for Elections and the Integrity Commission are independent bodies subject to the control of the legislative authority. The Central Bank, the Financial Control Bureau, and the Media and Communications Commission were also considered independent bodies financially and administratively. These bodies are either accountable to the Council of Representatives or linked to it. Except the Awqaf and the Martyrs' Foundation, which are linked to the Council of Ministers. However, the decision of the Federal Supreme Court No. 88 of 2011 greatly affected the independence of these bodies and was linked to the Prime Minister at the time, which facilitated the intervention in the affairs and exploitation of the aim of hegemony on all executive joints in the state without a censor.

Article 135/1 of the Constitution stipulates that the National Commission for Accountability and Justice, which replaced the Supreme National Commission for De-Baathification, continues its work as an independent body and coordinates with the judiciary and other executive bodies and is subject to the supervision of the Council of Representatives. But it has been used negatively in the process of exclusion and marginalization of the Sunni component.

Third axis: The federal government disclaims the application of Article (140) of the Constitution:

After the liberation of Iraq and the fall of the former Baathist regime, the free will of the Iraqi people towards solving the problem of the disputed areas and normalizing the effects of the demographic change and the administrative situation of the Iraqi provinces was resolved through Article 140 of the Iraqi Constitution of 2005, The executive authority shall take the necessary steps to complete the implementation of the requirements of Article (58) of the Transitional Administrative Law of the State of Iraq, in all its paragraphs, secondly: the responsibility of the executive authority in the transitional government stipulated in Article 58 of the Iraqi State Administration Law The term "normalization", "census", and ending with a referendum in Kirkuk and other disputed areas, to determine the will of its citizens (not later than December 31, 2007) .

It is clear from the text of the article that the constitutional legislator in the first paragraph of which has placed the responsibility of the federal government to take the necessary steps to complete the implementation of Article (58) of the Transitional Administrative Law of the State of Iraq in terms of taking the necessary measures to remove the effects of injustice caused by the racist practices of the regime Which led to the change in the population situation in the province of Kirkuk and some other provinces, through the implementation of paragraphs (a and of Article (58) of the Iraqi State Administration Law for the transitional period of 2004.

And through the successive Iraqi governments since 2005 in this regard, did not show any seriousness in the implementation of Article (140) constitutional, these governments have implemented only some simple steps that did not rise to the level required, including the formation of a high committee of nine members to implement Article (The Committee of the Secretariat, the Finance Committee, the Fact-Finding Committee, the Technical Committee and the Follow-up Committee), as well as three sub-offices (Kirkuk Office, Shankal Office and Khanaqin Office). Cabinet for the purpose of applying this article, but then show no serious The absence of goodwill and the absence of a genuine will by the Government to implement the said article, and the recommendations made by the High Committee:

1. The return of the politically dismissed staff to their constituencies, but this recommendation has not been implemented as required, and these have not been reappointed except in rare cases.

2) The return of the deportees and displaced persons to their original areas of residence. This recommendation was not implemented by the federal government, and the deportees and displaced persons were not returned in small numbers and voluntarily by the deportees themselves.

3) Returning the Arab expatriates to their original areas and granting them financial concessions of (20 million dinars) for each family with a piece of residential land in their original areas of residence, if the family does not own a piece of land previously allocated by the government, Most of the Arab expatriates received their financial grants from the federal government and were not forced to return to their original areas. They remained in the province and invested the money in buying new land in the province, despite the positive intervention of the UN representative to solve this problem in 2007 .

In this regard, the Arabization process continues to be maintained by the federal government. A decision issued by the Iraqi Ministry of Interior allows the transfer of souls to all those who marry Arab citizens of the governorate, as well as Arabs who come to the governorate who have returned their restrictions to their original governorate. , As well as the granting of ration card and housing card for all the displaced people who want to get in the province.

4 - Abolition of agricultural contracts concluded under the policies of demographic change (Arabization policy) in the disputed areas, including Kirkuk, where agricultural contracts have remained as they are and the federal government has not moved to cancel them, the agricultural land in the province of Kirkuk is still invested and cultivated by Arab expatriates.

5 Approval of the payment of compensation to families covered by article 140, these financial grants were only part of the returnees and the federal government refrained from disbursing under the pretext of lack of adequate budget.

6) A special resolution concerning the return of confiscated and expropriated property without compensation by the former regime or not used for public benefit, and here the issue is that the decision was not approved by the Council of Ministers, despite the Committee's assurances of its importance in Resolve many of the property disputes and judicial transactions in Kirkuk, noting that the decision was issued on 1/10/2007.

7 Although the Presidency of the Republic of Iraq as part of the federal executive authority, has sent a draft law for the re-demarcation of the Iraqi border, but the Iraqi parliament failed to issue this law.

8 The Council of Ministers refused to respond to the request of the Kirkuk Provincial Council for a referendum in Kirkuk on the pretext that the implementation of this article is still in its first phase, namely normalization.

And despite the formation of the Higher Committee and committees and sub-offices, but the mechanism of their work and the obstacles that have been placed before them by the successive Iraqi governments, such as protest the lack of sufficient cash and the lack of seriousness in the transfer of records of souls and ration card for Arab expatriates and the retrieval of records and The ration card for the Kurds and Turkmen citizens in Kirkuk governorate led to the failure to implement the initial steps that pave the way for the application of Article (140), the normalization of population conditions and the conduct of a census in the province and then a referendum to determine the fate of the province by its sons, Application Article (140) of the Iraqi constitutional in the first stage, but a stage of normalization of the situation in the province.

Axis IV: cutting the share of the region of the federal budget:

One of the most important constitutional obligations of the state in its modern concept is to provide decent living for all its citizens without exclusion, by providing the necessary revenues to cover its expenses in a public budget prepared by the government before the beginning of the fiscal year and approved by the legislative authority as representative of the people.

Part of the federal public revenues for this region has been allocated. Since the entry into force of the Constitution of the Republic of Iraq in 2005, it has been agreed to allocate the share of the Kurdistan Region by 17% Seventeen per cent of the total actual expenditures (governing expenditures) and 17 per cent of total actual expenditure (current expenditures, operating expenses) and investment project expenditures) of the approved federal budget of the Republic of Iraq deducting sovereign expenditures. And all the laws of the annual federal budget provided for this percentage, and obliged the federal government (Ministry of Finance) to spend them.

However, the successive Iraqi governments since 2005 violated their constitutional obligations and took the practice of arbitrary economic policy systematic to narrow the territory of Kurdistan, through:

1 Reduction of the percentage allocated to the region: where the share of the region did not exceed between 11 to 12% at best.

2) The exclusion of sovereign expenditures from public expenditures from the share of the region, the overestimation of these expenditures and the addition of new types of sovereign expenditures. The number of these types was set in 2006 with 16 types of expenditure under Article 13, paragraph (b) Federal Budget No. 1 for the year 2006, has been increasing these types constantly to reach the number of 33 types of sovereign expenses in addition to the benefits of loans and remittances and installments of loans and the number of 34, under the second paragraph of Article 18 of the Federal Budget Law of the Republic of Iraq for the year 2017 No. (44) for the year 2017.

3 - depriving the people of Kurdistan of its power by cutting the region's share of the general budget since February 2014.

4 - reducing the share of the region of medicine, since the share of the region since 2005 in the best case for 60 65% and since the beginning of October of 2016 these rates were reduced to 25-30%.

5 non-payment of dues of the Kurdistan Region of the sovereign expenditures that the region deserves and allocated to each of: (Ministry of Defense to deprive the Peshmerga forces of their salaries, dam projects and public utility).

The cutting of the region's share of the public budget and these arbitrary policies is a flagrant violation of the provisions of the Iraqi Constitution and led to the waste of many economic and social rights of the citizens of the region stipulated by the Iraqi Constitution, and this policy was still a key factor for the loss of the Kurdish citizen hope for survival Within the State of Iraq, especially after the failure of the federal government to make the Constitution a tool to strengthen and maintain national unity and solidarity for his rights as a citizen of Iraq.

The most important constitutional articles that have been violated because of the Iraqi government's policy in the following:

Article (5): This article confirmed the rule of law violated by the Iraqi government through non-compliance with the provisions of the share of the province of the General Budget in the laws of the federal budget since February 2014, noting that the decision to cut the budget was a single decision issued by the President of the Council Ministers.

Article 14 The Iraqi Government has distinguished between the citizens of the province and the citizens of the rest of Iraq by cutting their salaries and their source of livelihood in violation of this article, which stipulates that Iraqis are equal before the law without distinction based on sex, race, nationality or origin.

Article 25 (26): The federal government, unlike these two articles (which ensured the Iraqi state to reform the Iraqi economy according to modern economic bases in order to ensure the full investment of its resources and diversify its sources, encourage the private sector and its development, and encourage investment) The economy of the region, causing a real economic crisis through the policy of cutting the province's share of the public budget, as it affected the commercial transactions, because the majority of commercial transactions in the region depends on the system of monthly installments, especially construction projects and reconstruction and banks and commercial markets, Depend on premiums Or monthly advances, whether from the government, business or individuals.

4 According to the official statistics of the Ministry of Health of the region was provided medical services from the treatment and operations to more than 35000 displaced people and refugees and members of the Iraqi army for the period between October 2016 and June 2017, the federal government to reduce the share of the region of medicines to 25 30% since October 2016, but appeared in a timely manner towards the occurrence of a health and humanitarian disaster in the province and reflected the trend clearly when the Iraqi Minister of Health in March 2017 request to the Council of Ministers to cut the share of the Kurdistan Region of medicine, although Medicare expenses fall within the expenditure of the Governor General budget.

Article (32): The Federal Government violated its constitutional obligations on the care of disabled persons and persons with special needs and to ensure their rehabilitation in order to integrate them into society, as stipulated in this article, as a result of forcing the provincial government to reduce their salaries and inability to provide the necessary supplies to rehabilitate them, Which suffers from the region because of cutting off the public budget.

Article (106) of the three paragraphs: The establishment of a public body to monitor the allocation of federal imports to investigate the fairness of the distribution of grants and aid and international loans under the entitlement of regions and governorates not organized in the province (paragraph first), and investigate the optimal use of federal financial resources (Paragraph 2), ensuring transparency and fairness when allocating funds to the governments of regions or governorates not organized in a region in accordance with the rates of assessment (paragraph 3), but this article has been disabled and no law has been issued to form this body so far, Of the principles provided The guardian of this article.

7 Finally, cutting the region's share of the public budget negatively affected the practice of the citizens of the region for many constitutional rights which by their nature require the state to provide the necessary expenses for exercising or enjoying it.

Article 33: The right of the individual to live in sound environmental conditions (art. 33, para. 1), and the State's protection and preservation of the environment and biological diversity (art. 33, para. 2).

Article 34: The right to education and the fight against illiteracy, the promotion of scientific research and the promotion of excellence, innovation, innovation and the various aspects of prophecy.

Article (36): The individual's right to exercise sport and an obligation to encourage and sponsor its activities and provide its requirements.

Article (132): The right of the families of martyrs and political prisoners and those affected by the arbitrary practices of the dictatorial regime in the past (Article 132, paragraph 1) .

Fifth axis: Failure of the federal government to manage the oil file (and not to recognize the principle of partnership in the natural resources of the people of the Kurdistan Region):

Oil occupies an important position in the Iraqi economy, necessitating the allocation of detailed texts in the Iraqi constitution of 2005, articles 111 and 112.

Article 111 affirms the ownership of this important wealth by the people. Article 112 is the national document that embodies the division of wealth in the new Iraq, which was supposed to be based on partnership in power and wealth as the cornerstone of the federal state. A state whose territory contains natural resources.

And it was necessary to implement this article especially the first paragraph of it through a law full and integrated, especially as the new phase required a law that fits with this stage and for three reasons:

The first reason: Iraq did not have a unified oil and gas law before the fall of the former regime, but there was a set of laws scattered and interspersed with long periods of time.

Second, the old economic system was based on the philosophy of the economy directed and under the control of a totalitarian regime and the oil laws in force were reflective of this totalitarian rule, while the new economic system after the entry into force of the permanent constitution in 2005 was based on the philosophy of free economy And openness to foreign investments, which means that the previous laws do not fit the new situation, which necessitates the issuance of a new law for oil and gas.

The third reason: The Constitution provides for (partnership in the management of oil and gas between the federal government and regional governments and the distribution of oil imports fairly, and the allocation of shares to the affected regions) and these things are not regulated by previous laws, it is necessary to organize a new law. But consecutive successive governments have become a stumbling block to the issuance of an oil and gas law since the introduction of the federal oil and gas law to the House of Representatives on 4/7/2007, which was confirming the articles and paragraphs of this project as well as the reasons for the principle of the approval of the powers of the regions in the management and development The oil and gas sector has already been submitted to the Iraqi State Consultative Council on February 26, 2017. The Federal Government has allowed the Shura Council to intervene in the State, whose powers not only to correct the legal and linguistic language, but to disrupt the first paragraph of Article 112, Of the Iraqi constitution that provides The principle of full partnership in the oil and gas sector between the federal government and the regional government.

This is now passing twelve years on the issuance of the permanent Iraqi constitution and Iraq is still federal in the case of a legal vacuum in the most important sector of the Iraqi national economy because of the chaos of successive Iraqi governments, and its refusal to recognize the principle of partnership for the Kurdistan Regional Government (the only province in Iraq), through legislation Which means that the federal government bear all the legal problems through the conclusion of contracts with foreign parties, and the implementation of all other oil operations, without a law that delineates the scope of contracts and operations, all in order not to recognize the right of the province of Ku Redistan partnership in a national wealth owned by the people of this territory under the title of ownership, which is the Iraqi Constitution itself, in Article (111) of this Constitution.

Sixth Axis: Violations of Public Rights and Freedoms:

The protection of public rights and freedoms is one of the principles of the majority of modern constitutions in the world. At the international level, the vast majority of international organizations work to realize these principles. The most important of these organizations is the United Nations Organization, whose charter stipulates that these principles must be protected in its preamble and in More than one chapter of the Charter, but one of the basic purposes that the United Nations seeks to achieve. The importance of these principles is that they are directly related to the rights and freedoms of the individual, which is the first and fundamental building block for the family, the state and the international community. The violation of these rights does not affect only the individual but directly or indirectly affects the international community. Where the main reason behind the formation of gangs is that the people of the areas where the emergence of these gangs have been marginalized and excluded Governments did not respect their rights and violated their basic freedoms.

Note that the current Iraqi constitution has stipulated many of these rights and public freedoms, which was one of the main motives behind the approval of most sections of the people on this Constitution, but the successive Iraqi governments, which were formed in accordance with the provisions of this Constitution has violated most texts on the rights and freedoms Below are some of these violations and as follows:

The second paragraph of article (2), which stipulates that (This Constitution guarantees the full religious rights of all individuals in the freedom of religious belief and practice .....)

Iraqi governments have not been able to defend the freedom of religion and its practice of religious minorities (Yazidis, Christians, Sabians, and Ka'akis), since they have not been able to practice their religion freely and freely since 2005. Until now, These religions facilitate the practice of their religious rites.

Article 14 states that "Iraqis are equal before the law without distinction as to race, race, nationality, origin, etc."

Successive Iraqi governments have reversed this constitutional article, where the policy of racial discrimination has been practiced against the different sects of the Iraqi people, distinguishing the Shiite community from the rest of the sects and in various spheres of life. Such as the public service, the distribution of imports, postgraduate studies, scholarships and diplomatic missions. Even in providing security for the Iraqi population, Iraqi governments could not achieve equality among the Iraqi people. Where we see that the campaigns of forced displacement were practiced against most nationalities and sects except the followers of the Shiite religion, even if we conducted a statistical within the displaced to prove this fact, where we see that the vast majority of the displaced are Sunni Arabs, Christians and Sabians and owners of other religions and peremptory evidence of forced displacement (2017) that Christians should either pay tribute, Islam or murder, and no one would answer this statement. This was also practiced by the Iraqi governments during the rule of the Baath party as if history repeats itself.

Article (15) stipulates that "Everyone has the right to life, security and liberty. No deprivation of these rights may be permitted or restricted in accordance with the law and on the basis of a decision issued by a judicial body." Article 37 (b) stipulates that " Except by judicial decision).

Iraqi governments have fully reversed this article. There are many arrests against the Sunni component outside the law and judicial decisions. In addition, hundreds of assassinations have been committed against the Sunni community, with the presence of Iraqi governments. These governments have not been silent in this regard. For example, in 2015, the number of kidnappings in Iraq reached 524 and the number of assassinations reached 875. In 2016, 354 people were kidnapped and 518 were assassinated. We can prove this by conclusive evidence.

The second paragraph of Article 28 and Articles 29 and 30 stipulate a set of personal, social and economic rights for the Iraqi individual (such as reducing the tax on limited income holders, maintaining the family entity, protecting maternity, childhood and old age, Economic exploitation, prevention of violence in the family and school, ensuring social and health security and the basic elements of a dignified life, providing income and adequate housing for the individual and the family, and ensuring the social and health security of the Iraqis in case of old age, illness or disability.

Iraqi governments can not provide any of these rights in the right way for the Iraqi family. There is nothing wrong with the fragmentation of thousands of families, whether because of war, poverty, disability or ignorance. If we talk about protecting motherhood, childhood and old age, the situation of these groups does not hide their situation. Thousands of them have been displaced from their homes because of forced displacement or because of terrorism and the inability of the Iraqi government to maintain security, in addition to thousands of children deprived of the right to education and the right to live in decent life, and thousands of thousands of them in the streets and exposure to various types of violations, And so it is for the rest The rights mentioned in this paragraph, they are all neglected by successive Iraqi governments or whether they Mottagsidin is Mottagsidin and in both cases, those rights have been wasted and bear responsibility regarding successive Iraqi governments.

5 Articles (31, 32) regulating a range of health rights for the Iraqi individual (such as the right to health care, the establishment of hospitals and health institutions, and the care of the disabled and those with special needs). Iraqi governments can not take into account these rights, especially the right of the citizens of the Kurdistan Region. Although the expenses allocated for the purchase of medicines and medical supplies are the sovereign expenditures in Iraq and budget allocated by all other paragraphs of the Iraqi budget, but the Iraqi government reduced the share of the region of medicine And the medical supplies instead of increasing, and this is contrary to what we were waiting for from the Iraqi governments because the region hosted more than (1,800,000) million and eight hundred thousand displaced and refugees from the Iraqi provinces and to hide on someone requires treatment of this large number of refugees from medicine and provide the clinic Fiat and the medical equipment necessary to treat them. If we want to talk about caring for the disabled, the Iraqi governments are also limited in this field. There are thousands of Aaqis in Iraq before the war against terrorism and thousands after the war against terrorism. The Iraqi governments did not respect them and have no plans to take them into account in the future. For the rest of the rights mentioned in this paragraph.

Article (33) stipulates that "the State should provide a safe environment for its citizens". The government has not been able to meet this important commitment, which is the life of its citizens. Instead, Iraq's environment has become more polluted after 2003.

Article (41) states that "Iraqis are free to abide by their personal status according to their religion, sect, beliefs, choice, etc."

The Iraqi governments have stopped this article because they do not organize their personal status according to their sects and beliefs. This is an explicit violation of the principles of freedom of belief, which is one of the most important rights of citizens and the basis of coexistence between the people of different faiths in the state.

8, paragraph 1 of Article (44), which stated that (the Iraqis freedom of movement and housing inside and outside Iraq).

Iraqi governments have worked to reverse this article by preventing women's travel alone.

9 Paragraph III of Article (37), which stipulates (Prevention of trafficking in women).

Iraqi governments have been very limited in this regard, as evidenced by the widespread phenomenon of marriage of minors and girls who have not attained the age of 18 years.

Article 125 (This Constitution shall guarantee the administrative, political, cultural and educational rights of the various nationalities, etc.).

Iraqi governments have also blocked this article as governments can not guarantee any political, administrative, cultural or educational rights to the various nationalities in Iraq as they should.

Article (132 / I II) stipulates that "the State shall guarantee the care of the families of martyrs and political prisoners ... and compensate the families of martyrs and those injured as a result of terrorist acts."

Iraqi governments can not guarantee the rights of martyrs and political prisoners, especially the martyrs and political prisoners from the people of the Kurdistan Region, where it was the duty of the Iraqi governments to compensate the Anfal people and the families of martyrs (Halabja, who were martyred in their struggle against the former regime) The citizens of Halabja were counted as genocide by the Iraqi parliament. The government did not compensate the political prisoners at that time as well. As for the families of the martyrs and the injured as a result of terrorist acts, the Iraqi governments are very deficient in this area, for example in the war against Da'ash killed (1693) of the Peshmerga forces and wounded about (10000) of them. Neither the Iraqi governments nor the families of these heroes have compensated nor even expressed their intention to compensate them, as did the rest of the families of the martyrs and those injured as a result of the terrorist acts of 2003 and 2017.

The seventh axis: the lack of integration of the legal and legislative system in Iraq:

That the Iraqi federal authorities have repeatedly tried to disrupt the Iraqi constitution by not submitting draft laws by the government embodying the federal system in the new Iraq, but the federal authorities in general and the government in particular the spirit of a central system to be administered as it was administered before 2003, Laws of a central nature in an urgent and quick Either laws that have a federal nature, the Iraqi government does not submit projects on them, and does not make the Council of the necessary attention to the issuance of such laws, in addition to that if they were presented, the parliamentary blocs that represent the power working on the sweat Tha under the dye parliamentary majority and Iraq was a nationalist one fabric state, the following review of constitutional articles that have been disabled has not issued the relevant matters which confirm the issuance of these materials laws around the laws.

Article 12: First: The law of Iraq, its emblem and national anthem shall be regulated by law, in a way that symbolizes the components of the Iraqi people.

Second: It shall be organized by law, decorations, holidays, religious and national occasions, Hijri calendar and Gregorian calendar.

Since it is necessary to refer to the components of the people in science and to date uses the Iraqi flag, which was approved by the former Iraqi regime with minor amendments it does not live up to the level of coding to the components of the Iraqi people, in other words there is no presence of the Kurdish people in the Iraqi flag as well as the rest of the components of the Iraqi people, The national holidays and events of the Kurdish people are marginalized by the federal authorities.

2. Article 18 of the Iraqi Constitution states that whoever is born of an Iraqi mother is an Iraqi. The federal government has disabled this article, which affects the maintenance of the rights of Iraqi women.

3 Articles 21, 22, and 24. These articles include political asylum, non-extradition of refugees, the right to establish trade unions and unions, freedom of movement of labor and goods, the right to own property, and the prohibition of property for purposes of population change.

Article (84) of the Constitution confirmed the issuance of the law on the work of the security services and the intelligence service, but it has not been issued so far, causing a lot of violations in the field of human rights in addition to the failure of the possibilities of these devices in maintaining national security, In the control of gangs on more than one-third of Iraqi territory, when the second largest province, the province of Nineveh and then the province of Tikrit and the provinces and areas of Kirkuk fell in the hands of the people could not maintain them.

5. Failure to issue emergency law to regulate the affairs of the country during the war under paragraph IX of Article (61) of the Constitution.

6 Article (86) The law was not issued for the work of ministries, which caused the disruption of the work of citizens in addition to the imbalance in the relationship between the organs of the federal government and the provinces and provinces not organized in the province.

Article (93 / VI) The law concerning the dismissal of violations against the President of the Republic and the Prime Minister has not been issued. This has resulted in the disruption of justice. The Prime Minister has also cut the budget for the Kurdistan Region without a law.

8 - The non-issuance of the law of oil and gas under the first paragraph of Article (112) of the Constitution, where there is a special chapter of this file in this note.

Article (113) The law on relics has not been enacted, which has resulted in neglecting a large part of the civilization of the Iraqi peoples and the civilization of Mesopotamia.

10 that the file of customs in Iraq is going through a legal chaos, especially those that are collected in the points that are entered into the provinces of the Kurdistan Region, it was necessary to pass a law under the first paragraph of Article (114) of the Constitution.

Article (123) The law on the delegation of powers of the federal government to the provinces has not been issued. This is contrary to the principle of administrative decentralization on which the administrative system in Iraq was based.

Article 124 The status of the capital Baghdad has not been regulated by law.

Eighth axis: the failure of the Iraqi state:

The failure of the Iraqi state and the inability of successive governments to manage Iraq's federal state have clearly emerged. There is a set of international standards and indicators indicate the failure of the Iraqi state in all aspects of life and explicitly referred to the relevant international organizations and bodies. Iraq is weak and ineffective in the provision of basic services, security and economic prosperity. Despite international assistance for the rise in Iraq, this country suffers from the scourge of ongoing war, economic deterioration, rampant corruption, widespread violations of human and minority rights, and the end of peaceful coexistence. neighboring countries. Iraq is unable to carry out its tasks as a real state and to destroy all pillars of federalism by implementing or disabling a number of articles of the Constitution as follows:

First: Article (7) / (First) and (II) provides as follows:

First: Any entity or approach that adopts racism, terrorism, takfir, cleansing, instigates, preaches, glorifies, promotes or justifies it, especially the Saddamist Baath Party in Iraq and its symbols under any name, may not be included in political pluralism in Iraq. By law.

Second: The State is committed to fighting terrorism in all its forms and works to protect its territory from being a headquarters, corridor or arena for its activities.

The Republic of Iraq failed to prohibit the establishment of entities that espouse racism, terrorism and Takfiri. Terrorist organizations continue their bloody and inhuman activities, many of which have appeared on Iraqi soil and the state has not been able to prevent them. Proof of this is the announcement of the organization of the terrorist "Daqash" on a large part of the Iraqi territory, especially in the city of Mosul, the second largest city in Iraq. This state did not protect its citizens and became subject to sectarian cleansing and genocide by armed terrorist groups. Because of the fragility of Iraq's security and defense institutions, the most lethal terrorist organization in the world, the richest and most powerful terrorist organization in the world, has not only threatened Iraq but has threatened the world as a whole. Iraq is no longer a safe haven for Iraqis. According to UN statistics, has become one of the world's most vulnerable to migration, forced displacement and mass exodus, if the figures indicate five million Iraqis living outside their usual homes, including 1.8 million Iraqis and Syrians settled in the province of Kurdistan. Since the constitution was passed in 2005, the number of immigrants and displaced persons has been increasing. In spite of all the above, the Iraqi state did not supply the Peshmerga forces, which are formed under the Iraqi constitution, with weapons and military equipment to avoid part of these humanitarian and social disasters.

The basic function of the state is to protect its citizens from aggression and terrorism. Under Article 109 of the Iraqi Constitution, "the federal authorities maintain the unity, integrity, independence, sovereignty and federal democratic system of Iraq, and one of the exclusive functions of the federal authority under Article 110 (II)" is to establish and implement the national security policy, Including the establishment and management of armed forces to ensure the protection and ensure the security of Iraq's borders, and defend it. "

It is known that the Iraqi authorities have not maintained the unity, independence and sovereignty of Iraq since the promulgation of this constitution in 2005. It did not really protect Iraqi territory, which was under the control of terrorist organizations for long periods. We draw the attention of the international community, what are the guarantees that other terrorist organizations will not appear more powerful than the preachers? Who in the world expected the emergence of the spaya market, the mass rape of women and the mass murder of Yazidis in 2014 continues to this day? The ground of Iraq is still fertile to commit humanitarian and social disasters and the emergence of similar organizations to drowsy. History and international crimes have re-established themselves many times in Iraq.

Second: Article (8) provides the following:

"Iraq abides by the principle of good neighborliness, is committed to non-interference in the internal affairs of other countries, seeks to resolve disputes by peaceful means, maintains relations on the basis of common interests and reciprocity, and respects its international obligations."

Iraqi governments can not maintain Iraq's independence and sovereignty in dealing with neighboring countries on the basis of common interests and reciprocity. Iraq has not only nurtured good-neighborliness at the same level but has become subject to some neighboring countries.The concept of good neighborliness was vulnerable to exploitation, as it was a means of interfering in the internal affairs of Iraq in order to enhance the ideological or ideological good-neighborliness and expand the influence of some neighboring countries without regard to the geographical barriers and the international borders.

Under Article 110 of the Constitution, the Iraqi federal authorities shall have exclusive competence in the field of international waters as follows:

"Eighth: Planning water resources policies from outside Iraq and ensuring adequate flow of water and equitable distribution within Iraq in accordance with international laws and norms."

Iraq did not do its duty to ensure the flow of water from neighboring countries. Iraq remained silent and observer of the projects of water dams for neighboring countries. Iraq may find itself deprived of future water from the Tigris and the Euphrates. There is no planning for water policies outside Iraq. There is no guarantee of basic services in Iraq without the flow of water from the two rivers.

Third: Article (9) (I) provides for the following:

"The Iraqi armed forces and the security services are composed of the components of the Iraqi people, taking into consideration their balance and symmetry without distinction or exclusion. They are subject to the leadership of the civil authority, defend Iraq and be a tool to suppress the Iraqi people and not interfere in political affairs and have no role in the rotation of power.

B. The formation of military militias outside the framework of the armed forces. "

Iraqi governments could not prevent the formation of militias outside the armed forces. And that one of the Iraqi components fully control the Iraqi armed forces and security services in Iraq. In the beginning, the popular crowd was formed outside the defense and constitutional institutions. This body is composed of one Iraqi component. After a period of formation of its military formations and in the date of 14/12/2016, the law of the People's Assembly No. 40 of 2016 was promulgated in the Official Gazette of the Iraqi Chronicle (4429). It should be noted that the Popular Propaganda Authority is composed of many factions, each of which is subject to personalities, political parties and certain non-governmental entities. This body is non-professional, militarily unregulated, has political positions in national affairs and interferes with political differences. As a result, Iraq became a state of multiple armies and armed forces. The State of Iraq is one of the rare countries in the world that does not have a unified defensive force, and this body devotes the phenomenon of a state within the state. Thus, security and stability are at the mercy of various factions and military militias, all contrary to the Iraqi constitution.

Fourth: Article 25 states:

"The State guarantees the reform of the Iraqi economy on the basis of modern and in a way to ensure the full investment of resources and diversification of sources and encourage and develop the private sector."

Article (28) / (I) and (II) provides as follows:

"First: Do not impose taxes and fees, and not amended, and is not levied, nor exempted, except by law.

Second: the low income earners shall be exempted from taxes to ensure that the minimum necessary for living is not affected, and this shall be regulated by law.

Article 106 provides that:

"A law shall be established by a public body to monitor the allocation of federal imports. The Commission shall be composed of experts from the federal government, regions and governorates and their representatives, and shall assume the following responsibilities:

First: To verify the fairness of the distribution of grants, aid and international loans under the entitlement of regions and governorates not organized in a region.

Second: To verify the optimal use and sharing of federal financial resources.

Third: Ensuring transparency and fairness when allocating funds to the governments of regions or governorates not organized in a region according to the prescribed rates.

Despite the international aid, but the Iraqi state could not reform the Iraqi economy according to modern economic fundamentals as stipulated in Article (25) of the Constitution. The Iraqi state failed to regulate taxes by law, which negatively affected the Iraqi economy as stipulated in Article (28). The State of Iraq has failed to establish a public body to monitor the allocation of federal imports. Iraq is on the brink of economic collapse. The annual budget determined by the Iraqi Council of Representatives is not properly implemented for certain political and sectarian reasons, the percentage of Iraq's annual budget allocated to the Kurdistan Region has not been respected by the Iraqi government. Since the beginning of 2014, there is an economic split, Iraq is divided into two parts. Department does not spend on imports and the federal budget, such as the Kurdistan region and Sunni areas unstable security, and another section of Iraq is blessed with imports of the Iraqi state. Federal authorities did not achieve justice, and international grants, aid and loans were not distributed as stipulated in the Constitution. In addition, the Republic of Iraq suffers from a sharp drop in the central bank's cash reserves. These are the exclusive competencies of the federal authorities in accordance with Article 110 (III), which states as follows:

"Drawing up fiscal and customs policy, issuing currency and regulating trade policy across the borders of provinces and provinces in Iraq, setting the general budget of the state, drawing up monetary policy, establishing a central bank and managing it."

Sixth: Article (12 / second)

"Second: It shall be regulated by the law of decorations, official holidays, religious and national events and the Hijri and Gregorian calendar."

The law governing holidays has not been legislated, causing the non-standardization of official holidays inside Iraq. The most important religious holidays in Iraq are Eid al-Adha and Eid al-Fitr, which are not celebrated in one day or one city or one neighborhood. Some celebrate Eid and others celebrate religious festivals with neighboring countries and not with their neighborhood neighbors. The Iraqi people do not feel national unity at religious and national festivals. Sectarianism is predominant in determining holidays.

Fifth: Article (110) / IX states that:

"The authorities shall have the following exclusive powers:

Ninth: The census and the general population census. "

Since the constitution was passed, Iraq has failed to carry out the census and population census.The absence of statistics and the general census of the population greatly affects the conduct of electoral processes and democracy in Iraq. In all of Iraq's claims, there are mutual accusations about the fairness of the vote.

The absence of census and census of the population affects the implementation of two important articles in the Iraqi Constitution, namely Article (49) / first, which read in the form of the following:

"First: The House of Representatives consists of the number of members by one seat for every hundred thousand people of the people of Iraq representing the entire Iraqi people, are elected by direct universal secret ballot, and takes into account the representation of all components of the people in it.

On what basis was the House of Representatives (328) deputies in accordance with Article (11) of the Law of Election of the Iraqi Council of Representatives No. (45) for the year 2014? It should be noted that this number does not represent one seat per 100,000 inhabitants. Is a violation of the Constitution prepare the voter register according to the ration card database.

The main reason behind the disqualification of article 110 is the absence of good faith in the implementation of the constitutional article (140), already mentioned. One of the most important steps to achieve Article (140) and the fate of the disputed areas is the procedure (statistics). There is no real intention on the part of the Iraqi authorities to implement this article, and the republic has tried all ways to prevent its implementation, including the lack of census and population census.

In summary, the articles and constitutional clauses that Iraq has violated in whole or in part are 63 constitutional articles, namely: 1, 2, 4, 5, 7, 8, 9, 11, 12, 14, 15, 18, 19, 2, 33, 34, 36, 37, 41, 44, 47, 48, 49, 61, 65, 80, 84, 85, 86, 88, 92, 113, 105, 106, 107, 109, 110, 111, 112, 113, 114, 117, 118, 119, 121, 123, 124, 125, 130, 132, 135, 137, 140 and 141).

[Jaygo]

Nobody is going to read all that!! 

[SnowGlobe7]

read yes (speedread).......... understand ..I try. 

[SnowGlobe7]

It says the Kurds are in the right and that Baghdad is in the wrong..opinion piece

 

(do not hold me to this....)

[Goggles]

The cartoon illustration definitely says something there..

[justchecking123]

45 minutes ago, SnowGlobe7 said:

It says the Kurds are in the right and that Baghdad is in the wrong..opinion piece

 

(do not hold me to this....)

Both sides have had their hands in the cookie jar, probably.

[yota691]

Barzani and Suleiman discuss the development of relations and emphasize the "serious dialogue" between Baghdad and Erbil

 

 Twilight News    

 

 26 minutes ago

 

 

The head of the Kurdistan Regional Government, Nechirvan Barzani, and the US ambassador to Iraq, on Thursday, stressed the importance of developing relations between the two sides.

A meeting was held between Barzani and Suleiman, in which they talked about increasing the development of relations in various fields in a way that is in the interest of both sides.

The two sides stressed the importance of starting a serious dialogue between the federal government and the Kurdistan Regional Government in accordance with the principles of the Iraqi Constitution.

 

Keywords: 

[SnowGlobe7]

1 hour ago, justchecking123 said:

Both sides have had their hands in the cookie jar, probably.

 

Oh no doubt!!! Kurds just flaunted it

[10 YEARS LATER]

Seriously ? Now is the time for " serious " dialogue ? What was going on before ? I know it's a rhetorical question - not much apparently. 

 

Probably took a ages just to decided on the menu of yummy snaks for the " meeting "

[tigergorzow]

Despite Baghdad's denial, US says it has troops in Kirkuk

November 30 2017 09:57 PM

US troops

Kurdish and US military officials said on Thursday that the US-led coalition to fight ISIS sent commandos to K1 base in Kirkuk.

These forces are tasked with maintaining security in the city and preventing tensions in disputed areas between Baghdad and Erbil, according to the officials.

US troops, estimated to be in the hundreds, arrived on Tuesday in Kirkuk accompanied by about 40 military vehicles coming from Erbil, they added.

But the Joint Operations Command in Baghdad denied on Thursday there are US boots on the ground in Kirkuk, saying maintaining security on the ground is not the mission of foreign troops.

Baghdad and Erbil are at loggerheads over the latter's aspiration for independence. Relations between the two worsened, with Baghdad using force to abort Erbil's bid for independence.

 

http://www.thebaghdadpost.com/en/story/20343/Despite-Baghdad-s-denial-US-says-it-has-troops-in-Kirkuk

[10 YEARS LATER]

Yeah, and get used to it !!!!!!

[mylilpony]

15 hours ago, yota691 said:

Iraqi government violations of the constitution .. Evidence and evidence

Thus, Iraq emptied the Constitution from its content ...

 

 30/11/2017 - 13:52

 

 

 

A document prepared by a group of experts and professors of law, constitutional law and international relations in the province of Kurdistan, and obtained by (Basneoz), showed accurately the set of articles and constitutional clauses violated by the federal government.

The Kurdistan Regional Government and Kurdish leaders have long accused Baghdad of violating the constitution in its dealings with the region or with regard to the components of the other Iraqi people. The situation in the country is not what it is now, and the crisis after the crisis created relations between the components of the Iraqi people and the political, economic, social and security conditions. .

According to those who prepared the document, they tried to shed light on the emptying of Baghdad the content of the permanent Iraqi constitution of its meaning on the rights, interests and fateful issues of the people of Kurdistan and its political entity, and on the basis of evidence and information and objective opinions prove the fact that successive Iraqi governments after 2005 ) Is responsible for the non-implementation of the Constitution of Iraq, and also decided the people of Kurdistan freedom and choice of union with the components and spectrum of the Iraqi people by adhering to the Constitution, which was supposed to preserve Iraq's free union land and sovereignty, decided to exercise his freedom and choice of his right to self-determination Himself through the referendum as a democratic and peaceful.

The document reads as follows:

Introduction:

The people of Kurdistan, which has all the elements and elements of the independent cultural, national and political identity, which has lived for thousands of years in its native Kurdistan, maintain its existence and identity, contrary to its will and under the influence of the interests of the major powers and political equations associated with regional and international power struggles , The right to Iraq after the First World War forcibly subjected to repression and persecution and against him the policy of racial and national discrimination by the successive Iraqi governments and violated their rights and freedoms, and subjected to genocide and Anfal and used against him chemical weapons prohibited and deportation and Gere forcibly, and committed against the kinds of crimes against humanity.

With a popular and political will derived from the liberation movement of the people of Kurdistan, they rose against injustice and dictatorship in the spring of 1991, putting the first building blocks of an independent political entity through free democratic elections. The political leadership of the people of Kurdistan played a prominent role in the political and military preparations for the success of the 2003 Iraqi liberation process and the democratic transition, and exerted all its resources to write a constitution. A new political and social contract to build a civil state in which the rule of law prevails and citizens enjoy equal rights and freedoms. A democratic constitution for Iraq was ratified in 2005 through a constitutional referendum in which the people of Kurdistan participated actively with Protective components of the Iraqi people, which you installed the basic principles Baina State of Iraq, and of federalism, democracy and genuine partnership for the nationalities and the components of the Iraqi people in power and political decision, and its continuation as a federal democracy capable of confronting terrorism and providing stability and and services to its citizens security.

What is regrettable is the emergence of the ruling political elite and the power holders in Baghdad from the constitution and its violation, and the policy of exclusion and marginalization of the constituents of the people instead of national interest and tolerance, and chose dependency instead of turning the Iraqi political decision into an independent national decision, The use of political power and the economic and military capabilities of the state and dedicated these capabilities for the purpose of controlling the component and marginalization of other components and weaken the political entity of the state, instead of supporting the rights and gains of the people of Kurdistan threatened to use military force against him and the declaration of economic war and cut the budget and salaries of citizens Except And thus no meaning remains of the principle of partnership in political authority.

As a result of these misguided policies and the sectarian political mentality, the Iraqi state has become an arena for settling the regional accounts in the Middle East and a source of sectarian war that has displaced millions, killed thousands, destroyed cities, erased history and civilization by leaving one third of Iraq's geography, Countries in the world instead of becoming a successful federal, democratic and civilian state.

In this memorandum, we try to shed light on the emptiness of the content of the permanent Iraqi constitution with regard to the rights, interests and fateful issues of the people of Kurdistan and its political entity, and we aim, on the basis of evidence, information and objective opinions, to prove the fact that successive Iraqi governments after 2005 are responsible for The Iraqi people have not decided to abide by the constitution, which was supposed to preserve Iraq's free and sovereign union. It also decided to exercise its freedom and freedom to choose its own right through self-determination. Astrophysics DONC as a democratic and peaceful.

The first axis: initial violations Federalism and true partnership:

The principle of participation is the basis of a federal state. It is impossible to imagine the establishment of the federal system without taking into consideration the principle of applying this principle, which is applied through a set of institutions and constitutional procedures. And to prevent their disintegration.

The principle of participation is based on the fact that the regions of the federal state are entities with an identity of their own, regardless of the fact that they are based on the national, religious, sectarian or even historical geographical basis, which must be taken into consideration in the decision-making process. The principle of participation in the federal state is twofold: First, the institutional dimension, namely, the formation of private institutions to implement this principle. One of the most prominent of these traditional institutions to guarantee the rights of the regions in the federal decision-making process is the Federal House, Of representatives of the constituent region of the Federation Where the representation of the region where equally in the federal states, compared to the second Council (parliament), which represents citizens at the level all over the country combined. Other institutions can also be created to ensure the rights of the region to the Union in the political process and decision-making. And second: the procedural dimension, which appears by taking the opinion and interest of the region in consideration of the process of decision-making by the federal institutions, and by ensuring the share of the region in the federal executive authority and the judiciary, albeit indirectly and without specifying the region by name, And the establishment of special legal obstacles such as the need to obtain two-thirds or three-quarters of the votes of members of these institutions in the process of decision-making, in order to prevent harm to the basis of the federal state (participation principle) in these institutions by issuing decisions by simple majority or shot, From time to time Imposing the opinion and interest of the large regions or federal authorities on the opinion of the interests of small regions or regional authorities.

What should be noted is the survival and continuity of any federal state based on the text of the Federal Constitution on the principle of participation and its application. Security Council Resolution 2367 of July 14, 2017 on Iraq referred to the importance of this principle under, Iraq and the Kurdistan Regional Government in the spirit of (sincere participation) based on the Constitution, in addition to many of the resolutions of the Security Council, which in turn confirmed respect for the principle of participation.

Iraq's federal constitution of 2005 provided for this principle in many of its articles. This was to ensure that Iraq remained united and convince the Kurdistan Region of Iraq to return to the framework of the Iraqi political process after it had been abandoned since 1991 as a result of the neglect of the rights of Kurdistan by successive Iraqi governments Since the establishment of the Iraqi state in general and by the Baath regime in particular. However, despite the continuing demands of the Kurdistan Region to respect the principle of partnership, but the Iraqi state since 2005 and to the writing of this report, you built this principle through the disruption and non-application of the constitutional provisions that were allocated to ensure the application of this principle, which was founded by the Iraqi state in the Constitution of 2005 Under this heading, there are many constitutional articles that have been violated by the Iraqi government. The most important of these articles can be summarized as follows:

Article (1): It is the article that changed the features of the Iraqi state when it determined the type of the Iraqi state and the form and nature of its system of government, stressing that it is a single federal state, independent and sovereign, and the system of government is a parliamentary parliamentary. This constitution guarantees the unity of Iraq. More than ten years after the constitution came into force, the Iraqi state is still closer to the constitution. A simple state to a real federal state because of the failure to apply the basic principles of the federal system as a double source of the Iraqi legislative authority and the principle of partnership and the principle of multi-regions.

2 Article (4) / I and II: which states that the Arabic and Kurdish languages are the official languages in Iraq at the level of the institutions of the Union. This article came to ensure the implementation of the real partnership of the two main components of the State of Iraq (Arabs and Kurds) In practice, the Iraqi government did not put the official languages law into practice so as to give the Arabic and Kurdish languages the same level of official status. Where the neglect and marginalization of the Kurdish language in the institutions of the Union and the discussions of the meetings of the Iraqi parliament, also did not apply this article on the scale of the Iraqi currency, and still the Kurdish language, which is one of the official languages, is absent on the Iraqi currency.

Article (9 / I / paragraphs A, B): that impose the balance and symmetry of the components of the Iraqi people when the formation of the Iraqi army, this text came in the light of bitter experiences experienced by the Iraqi people from the misuse of the Iraqi army by a national component Or sectarianism as a tool to suppress and eliminate the rest of the nationalities and the components of the Iraqi people. The experience of the Kurdish people of oppression and genocide by the Iraqi army, especially during the Baath regime, resonated significantly at the internal and international levels. In order to prevent the repetition of these tragedies, the Constitution approved the principle of the participation of all components of the Iraqi people in the formation of the new Iraqi army. , And more than twelve years after the adoption of the new constitution, clearly indicates the violation of this principle and therefore the lack of balance between the components in the composition of the Iraqi army, but there are a number of military militias outside the scope of the Iraqi army, the most prominent militias of popular mobilization, Popular Crowd Body (R. M (40) for the year 2016 published in the Official Gazette of Iraq Fact Sheet No. (4429), issued by the Iraqi parliament on November 26, 2016, which is a breach of national partnership. Where the body of popular mobilization, in accordance with this law, a military form independent of the Iraqi army, but a parallel force and competition, has been founded on a sectarian basis, an uncontrolled and non-professional and have political positions, which is a violation of the Iraqi constitution when the prohibition of The role of the armed forces on the political level, it can not be explained with the existence of the Iraqi army, but as a sectarian force that wants to impose a certain sectarian view and will on the political process, while this law is contrary and flagrant violation of the Iraqi constitution.

Article 12 First: The Iraqi legislative authority did not implement article 12 / first of the organization of the flag of Iraq and its emblem and national anthem, which symbolizes the components of the Iraqi people, where so far does not symbolize the Iraqi flag and its logo and songs to all components of the people And not even to the basic components of the Iraqi people.

5 Articles (48, 65 and 137): One of the main violations of the principle of participation by the federal authorities in general and the legislative authority in particular is to impede the application of articles (48, 65 and 137) of the Constitution concerning the realization of the principle of participation and balance between The federal authorities and the authorities of the regions through the formation of the Council of the Union (the Council of Thances of Parliament), where so far the Iraqi parliament alone legislates the laws in accordance with the principle of the majority and without taking into account the views of the provinces and provinces, which made the interests of the provinces and provinces at the mercy of large parties, Sunni and Kurdish at the mercy of the Shiite component Constitutes the majority of the Iraqi people and thus the majority of the Iraqi parliament. This is a blow to the principle of participation, and there is no evidence that the Iraqi parliament to enact the law of the formation of the Federal Council in the near future. On the other hand, the large Shiite blocs, taking advantage of their weight and the size of their seats in the Iraqi parliament for their own interests and the interest of the Shiite community under the guise of the principle of majority in the democratic system without taking into account the views and rights of the Kurds and the rest of the components of the Iraqi people.

6 The federal court is a federal state, which ensures the implementation of the federal constitution and the resolution of disputes between the regions and the federal government. Therefore, this court guarantees the application of the federal principle. The Iraqi Federal Constitution stipulates in Article (92) the necessity of forming this court through a law enacted by the Iraqi parliament. However, until now, the Iraqi parliament disrupted this article in practice. Federal Court according to the Constitution. On the other hand, the Constitution neglected the international standards in the composition of the Federal Court by stipulating the allocation of a proportion of its seats (for the jurisprudents), as well as the intervention of the Federal executive power a lot during the last period, especially the former Prime Minister Nuri al-Maliki, in the affairs of this court and has politicized, Great harm to their work, reputation and neutrality.

7. In order to improve the application of the principle of genuine participation in governance, through the achievement of balance and guarantee the rights of regions and provinces not organized in the regions, the Iraqi Constitution, in Articles 105, 106, 107, on the need to establish a set of bodies by law, To ensure the rights of regions and governorates not organized in a region in the fair participation in the administration of various federal state institutions, missions and fellowships, delegations and regional and international conferences, which must consist of representatives of the federal government and the regions and governorates not organized in the province. As well as the formation of a public authority to monitor the allocation of federal imports, which must be composed of experts of the federal government, regions and provinces and their representatives to ensure the verification of the equitable distribution of grants and international aid and loans under the entitlement of regions and provinces not organized in the province. And to verify the use and sharing of federal financial resources. And to ensure transparency and justice when allocating funds to the governments of regions or governorates that are not organized in a region according to the prescribed rates. As well as the establishment of the Federal Public Service Council to organize the affairs of the federal public service, including appointment and promotion. However, what is noticed is that the Iraqi federal authorities (both executive and legislative) have not taken any step towards establishing these bodies necessary to apply the principle of federalism and genuine participation, and there is no program to implement these important and necessary materials to protect the rights of our Kurdish people to the federal authorities.

8. On the other hand, there is a lack of real intention of the Iraqi governments to implement the Iraqi constitution in general and the articles that establish the federal state, especially with regard to the application of articles (117 / II, 118, 119) concerning the formation of new territories. To fight the formation of the provinces, whether publicly or not publicly, and a prominent example in this area is to prevent the formation of the province of Salah al-Din by Prime Minister Nuri al-Maliki, where on 27 October 2011 voted the province of Salah al-Din to make the province a federal province in accordance with the Constitution, The request was approved by the governmentFederal order to complete the legal and official procedures to declare the province a province. And then stopped working on this issue as a result of the opposition of the Iraqi government.

Article (121 / III and IV) and related to the rights of the financial and diplomatic regions, where the Kurdistan Region has not allocated its fair share of revenues since 2014, and did not establish in most of the embassies and diplomatic missions of Iraq offices of the diplomatic representation of the province.

Article (141) The Iraqi government fought the application of this article by fighting laws and decisions issued by the Kurdistan Region.

11 The Iraqi Parliament passed the legislation of the General Elections Law by an absolute majority without taking into account the claims of the region and the minorities. The division of Iraq into several districts is equal to the number of governorates, after all of Iraq was considered one constituency in the first general elections in 2005, First, the parliament distributed the seats of parliament to the provinces on the basis of the proportion of the population of each province for the population of all of Iraq, but in fact can not verify the accuracy of the population of the provinces in the absence of a reliable public census so far. Secondly, the division of Iraq into several constituencies without assigning seats to minorities in a fair and equitable manner leads to the loss of these minorities to many of their seats, which leads to the disruption of the composition of the parliament in terms of the extent of the representation of the Iraqi people, The region) to disrupt the real partnership and honest, and thus lead to influence on the principle of consensus within the legislature

The second axis: violating the principle of democracy and separation of powers:

The federal authorities did not abide by the principle of separation of powers, which is the foundation of the democratic system that guarantees the establishment of a civil state. Article 47 of the Iraqi constitution stipulates that the federal authorities are composed of legislative, executive and judicial authorities. The principle of separation of powers. However, this separation was not achieved as hoped, through the incomplete construction of the federal institutions required to consolidate the separation of powers or the lack of legislation laws in line with the spirit of the democratic system and the predominance of the executive power over the judicial and legislative authorities.

First: The executive branch's interference in the work of the judiciary: Article 130 of the Constitution provides that: The legislation in force shall remain in force unless it is repealed or amended in accordance with the provisions of this Constitution. The work of many decisions of the dissolved Revolutionary Command Council, which gives judicial powers to the executive authority, continued as follows: Article (19 / V), Article (19 / XII) and Article 37 / 88), respectively: the accused is presumed innocent until proved guilty in a fair trial, prohibits detention, no one may be arrested or interrogated except by judicial order. Judges are independent and have no authority over their jurisdiction other than the law. On the other hand, the decisions of the Revolutionary Command Council are still in force that violate the independence of the judiciary, such as Decision No. 27 of February 4, 1992, which grants the Minister of the Interior powers to impose fines and detain violators. Resolution No. 55 of 1992 provides for the authorization of the Mayor of Baghdad Reservation of persons for a period of (15) days to a month. And resolution (160) in 1993 and amended in resolution (73) in 1994 granted the Minister of Commerce the power to impose fines and the seizure of funds, Resolution (160) 1997 and amended, Resolution No. (5) in 2002 granted the Minister of Transport the arrest of persons, Are valid and affect the independence of the judiciary: Decision (494), (1333) for 1984, and (215) on 20/2/1979 and resolution (515) on 5/5/1985. This is in addition to the numerous reports that the executive branch intervenes in court decisions.

Second: The intervention of the executive branch in the work of the legislative authority and violation of Article (61) of the Constitution, which provides for the powers of the Council of Representatives, including paragraphs (V and IX) and approval of the appointment of ambassadors and holders of special grades. The chief of staff of the army, his assistants and those in the rank of division commander and above, and the head of the intelligence service, on the proposal of the Council of Ministers. Iraqi governments did not take into account the separation of powers in this article, which exceeded the powers of the parliament in the appointment of senior Iraqi army leaders, and in declaring the state of emergency because the declaration of war and emergency must be approved by a two-thirds majority at the joint request of the President and the Prime Minister .

Third: The monopoly of the Prime Minister and his office The powers of the Council of Ministers: Articles 80 and 85 of the Constitution have not been properly applied by the successive Iraqi governments. Article 80 stipulates the exercise of powers provided by the Council of Ministers. (Article 85), which requires the establishment of an internal system of the Council of Ministers. The aim was to consolidate the state of monopolization of the Authority during two elections. The Political Agreement Document of 2014, The establishment of the third government after the implementation of the Constitution on the need to establish internal rules for the magazine The ministers did not issue only at the end of 2014, after he caused his absence separately the Prime Minister with all the decisions in the state.

Fourth: the intervention of the executive authority in the affairs of independent bodies:

The Iraqi constitution for the year 2005 allocated a special section for the independent bodies of the articles. The High Commission for Human Rights, the Independent Commission for Elections and the Integrity Commission are independent bodies subject to the control of the legislative authority. The Central Bank, the Financial Control Bureau, and the Media and Communications Commission were also considered independent bodies financially and administratively. These bodies are either accountable to the Council of Representatives or linked to it. Except the Awqaf and the Martyrs' Foundation, which are linked to the Council of Ministers. However, the decision of the Federal Supreme Court No. 88 of 2011 greatly affected the independence of these bodies and was linked to the Prime Minister at the time, which facilitated the intervention in the affairs and exploitation of the aim of hegemony on all executive joints in the state without a censor.

Article 135/1 of the Constitution stipulates that the National Commission for Accountability and Justice, which replaced the Supreme National Commission for De-Baathification, continues its work as an independent body and coordinates with the judiciary and other executive bodies and is subject to the supervision of the Council of Representatives. But it has been used negatively in the process of exclusion and marginalization of the Sunni component.

Third axis: The federal government disclaims the application of Article (140) of the Constitution:

After the liberation of Iraq and the fall of the former Baathist regime, the free will of the Iraqi people towards solving the problem of the disputed areas and normalizing the effects of the demographic change and the administrative situation of the Iraqi provinces was resolved through Article 140 of the Iraqi Constitution of 2005, The executive authority shall take the necessary steps to complete the implementation of the requirements of Article (58) of the Transitional Administrative Law of the State of Iraq, in all its paragraphs, secondly: the responsibility of the executive authority in the transitional government stipulated in Article 58 of the Iraqi State Administration Law The term "normalization", "census", and ending with a referendum in Kirkuk and other disputed areas, to determine the will of its citizens (not later than December 31, 2007) .

It is clear from the text of the article that the constitutional legislator in the first paragraph of which has placed the responsibility of the federal government to take the necessary steps to complete the implementation of Article (58) of the Transitional Administrative Law of the State of Iraq in terms of taking the necessary measures to remove the effects of injustice caused by the racist practices of the regime Which led to the change in the population situation in the province of Kirkuk and some other provinces, through the implementation of paragraphs (a and of Article (58) of the Iraqi State Administration Law for the transitional period of 2004.

And through the successive Iraqi governments since 2005 in this regard, did not show any seriousness in the implementation of Article (140) constitutional, these governments have implemented only some simple steps that did not rise to the level required, including the formation of a high committee of nine members to implement Article (The Committee of the Secretariat, the Finance Committee, the Fact-Finding Committee, the Technical Committee and the Follow-up Committee), as well as three sub-offices (Kirkuk Office, Shankal Office and Khanaqin Office). Cabinet for the purpose of applying this article, but then show no serious The absence of goodwill and the absence of a genuine will by the Government to implement the said article, and the recommendations made by the High Committee:

1. The return of the politically dismissed staff to their constituencies, but this recommendation has not been implemented as required, and these have not been reappointed except in rare cases.

2) The return of the deportees and displaced persons to their original areas of residence. This recommendation was not implemented by the federal government, and the deportees and displaced persons were not returned in small numbers and voluntarily by the deportees themselves.

3) Returning the Arab expatriates to their original areas and granting them financial concessions of (20 million dinars) for each family with a piece of residential land in their original areas of residence, if the family does not own a piece of land previously allocated by the government, Most of the Arab expatriates received their financial grants from the federal government and were not forced to return to their original areas. They remained in the province and invested the money in buying new land in the province, despite the positive intervention of the UN representative to solve this problem in 2007 .

In this regard, the Arabization process continues to be maintained by the federal government. A decision issued by the Iraqi Ministry of Interior allows the transfer of souls to all those who marry Arab citizens of the governorate, as well as Arabs who come to the governorate who have returned their restrictions to their original governorate. , As well as the granting of ration card and housing card for all the displaced people who want to get in the province.

4 - Abolition of agricultural contracts concluded under the policies of demographic change (Arabization policy) in the disputed areas, including Kirkuk, where agricultural contracts have remained as they are and the federal government has not moved to cancel them, the agricultural land in the province of Kirkuk is still invested and cultivated by Arab expatriates.

5 Approval of the payment of compensation to families covered by article 140, these financial grants were only part of the returnees and the federal government refrained from disbursing under the pretext of lack of adequate budget.

6) A special resolution concerning the return of confiscated and expropriated property without compensation by the former regime or not used for public benefit, and here the issue is that the decision was not approved by the Council of Ministers, despite the Committee's assurances of its importance in Resolve many of the property disputes and judicial transactions in Kirkuk, noting that the decision was issued on 1/10/2007.

7 Although the Presidency of the Republic of Iraq as part of the federal executive authority, has sent a draft law for the re-demarcation of the Iraqi border, but the Iraqi parliament failed to issue this law.

8 The Council of Ministers refused to respond to the request of the Kirkuk Provincial Council for a referendum in Kirkuk on the pretext that the implementation of this article is still in its first phase, namely normalization.

And despite the formation of the Higher Committee and committees and sub-offices, but the mechanism of their work and the obstacles that have been placed before them by the successive Iraqi governments, such as protest the lack of sufficient cash and the lack of seriousness in the transfer of records of souls and ration card for Arab expatriates and the retrieval of records and The ration card for the Kurds and Turkmen citizens in Kirkuk governorate led to the failure to implement the initial steps that pave the way for the application of Article (140), the normalization of population conditions and the conduct of a census in the province and then a referendum to determine the fate of the province by its sons, Application Article (140) of the Iraqi constitutional in the first stage, but a stage of normalization of the situation in the province.

Axis IV: cutting the share of the region of the federal budget:

One of the most important constitutional obligations of the state in its modern concept is to provide decent living for all its citizens without exclusion, by providing the necessary revenues to cover its expenses in a public budget prepared by the government before the beginning of the fiscal year and approved by the legislative authority as representative of the people.

Part of the federal public revenues for this region has been allocated. Since the entry into force of the Constitution of the Republic of Iraq in 2005, it has been agreed to allocate the share of the Kurdistan Region by 17% Seventeen per cent of the total actual expenditures (governing expenditures) and 17 per cent of total actual expenditure (current expenditures, operating expenses) and investment project expenditures) of the approved federal budget of the Republic of Iraq deducting sovereign expenditures. And all the laws of the annual federal budget provided for this percentage, and obliged the federal government (Ministry of Finance) to spend them.

However, the successive Iraqi governments since 2005 violated their constitutional obligations and took the practice of arbitrary economic policy systematic to narrow the territory of Kurdistan, through:

1 Reduction of the percentage allocated to the region: where the share of the region did not exceed between 11 to 12% at best.

2) The exclusion of sovereign expenditures from public expenditures from the share of the region, the overestimation of these expenditures and the addition of new types of sovereign expenditures. The number of these types was set in 2006 with 16 types of expenditure under Article 13, paragraph (b) Federal Budget No. 1 for the year 2006, has been increasing these types constantly to reach the number of 33 types of sovereign expenses in addition to the benefits of loans and remittances and installments of loans and the number of 34, under the second paragraph of Article 18 of the Federal Budget Law of the Republic of Iraq for the year 2017 No. (44) for the year 2017.

3 - depriving the people of Kurdistan of its power by cutting the region's share of the general budget since February 2014.

4 - reducing the share of the region of medicine, since the share of the region since 2005 in the best case for 60 65% and since the beginning of October of 2016 these rates were reduced to 25-30%.

5 non-payment of dues of the Kurdistan Region of the sovereign expenditures that the region deserves and allocated to each of: (Ministry of Defense to deprive the Peshmerga forces of their salaries, dam projects and public utility).

The cutting of the region's share of the public budget and these arbitrary policies is a flagrant violation of the provisions of the Iraqi Constitution and led to the waste of many economic and social rights of the citizens of the region stipulated by the Iraqi Constitution, and this policy was still a key factor for the loss of the Kurdish citizen hope for survival Within the State of Iraq, especially after the failure of the federal government to make the Constitution a tool to strengthen and maintain national unity and solidarity for his rights as a citizen of Iraq.

The most important constitutional articles that have been violated because of the Iraqi government's policy in the following:

Article (5): This article confirmed the rule of law violated by the Iraqi government through non-compliance with the provisions of the share of the province of the General Budget in the laws of the federal budget since February 2014, noting that the decision to cut the budget was a single decision issued by the President of the Council Ministers.

Article 14 The Iraqi Government has distinguished between the citizens of the province and the citizens of the rest of Iraq by cutting their salaries and their source of livelihood in violation of this article, which stipulates that Iraqis are equal before the law without distinction based on sex, race, nationality or origin.

Article 25 (26): The federal government, unlike these two articles (which ensured the Iraqi state to reform the Iraqi economy according to modern economic bases in order to ensure the full investment of its resources and diversify its sources, encourage the private sector and its development, and encourage investment) The economy of the region, causing a real economic crisis through the policy of cutting the province's share of the public budget, as it affected the commercial transactions, because the majority of commercial transactions in the region depends on the system of monthly installments, especially construction projects and reconstruction and banks and commercial markets, Depend on premiums Or monthly advances, whether from the government, business or individuals.

4 According to the official statistics of the Ministry of Health of the region was provided medical services from the treatment and operations to more than 35000 displaced people and refugees and members of the Iraqi army for the period between October 2016 and June 2017, the federal government to reduce the share of the region of medicines to 25 30% since October 2016, but appeared in a timely manner towards the occurrence of a health and humanitarian disaster in the province and reflected the trend clearly when the Iraqi Minister of Health in March 2017 request to the Council of Ministers to cut the share of the Kurdistan Region of medicine, although Medicare expenses fall within the expenditure of the Governor General budget.

Article (32): The Federal Government violated its constitutional obligations on the care of disabled persons and persons with special needs and to ensure their rehabilitation in order to integrate them into society, as stipulated in this article, as a result of forcing the provincial government to reduce their salaries and inability to provide the necessary supplies to rehabilitate them, Which suffers from the region because of cutting off the public budget.

Article (106) of the three paragraphs: The establishment of a public body to monitor the allocation of federal imports to investigate the fairness of the distribution of grants and aid and international loans under the entitlement of regions and governorates not organized in the province (paragraph first), and investigate the optimal use of federal financial resources (Paragraph 2), ensuring transparency and fairness when allocating funds to the governments of regions or governorates not organized in a region in accordance with the rates of assessment (paragraph 3), but this article has been disabled and no law has been issued to form this body so far, Of the principles provided The guardian of this article.

7 Finally, cutting the region's share of the public budget negatively affected the practice of the citizens of the region for many constitutional rights which by their nature require the state to provide the necessary expenses for exercising or enjoying it.

Article 33: The right of the individual to live in sound environmental conditions (art. 33, para. 1), and the State's protection and preservation of the environment and biological diversity (art. 33, para. 2).

Article 34: The right to education and the fight against illiteracy, the promotion of scientific research and the promotion of excellence, innovation, innovation and the various aspects of prophecy.

Article (36): The individual's right to exercise sport and an obligation to encourage and sponsor its activities and provide its requirements.

Article (132): The right of the families of martyrs and political prisoners and those affected by the arbitrary practices of the dictatorial regime in the past (Article 132, paragraph 1) .

Fifth axis: Failure of the federal government to manage the oil file (and not to recognize the principle of partnership in the natural resources of the people of the Kurdistan Region):

Oil occupies an important position in the Iraqi economy, necessitating the allocation of detailed texts in the Iraqi constitution of 2005, articles 111 and 112.

Article 111 affirms the ownership of this important wealth by the people. Article 112 is the national document that embodies the division of wealth in the new Iraq, which was supposed to be based on partnership in power and wealth as the cornerstone of the federal state. A state whose territory contains natural resources.

And it was necessary to implement this article especially the first paragraph of it through a law full and integrated, especially as the new phase required a law that fits with this stage and for three reasons:

The first reason: Iraq did not have a unified oil and gas law before the fall of the former regime, but there was a set of laws scattered and interspersed with long periods of time.

Second, the old economic system was based on the philosophy of the economy directed and under the control of a totalitarian regime and the oil laws in force were reflective of this totalitarian rule, while the new economic system after the entry into force of the permanent constitution in 2005 was based on the philosophy of free economy And openness to foreign investments, which means that the previous laws do not fit the new situation, which necessitates the issuance of a new law for oil and gas.

The third reason: The Constitution provides for (partnership in the management of oil and gas between the federal government and regional governments and the distribution of oil imports fairly, and the allocation of shares to the affected regions) and these things are not regulated by previous laws, it is necessary to organize a new law. But consecutive successive governments have become a stumbling block to the issuance of an oil and gas law since the introduction of the federal oil and gas law to the House of Representatives on 4/7/2007, which was confirming the articles and paragraphs of this project as well as the reasons for the principle of the approval of the powers of the regions in the management and development The oil and gas sector has already been submitted to the Iraqi State Consultative Council on February 26, 2017. The Federal Government has allowed the Shura Council to intervene in the State, whose powers not only to correct the legal and linguistic language, but to disrupt the first paragraph of Article 112, Of the Iraqi constitution that provides The principle of full partnership in the oil and gas sector between the federal government and the regional government.

This is now passing twelve years on the issuance of the permanent Iraqi constitution and Iraq is still federal in the case of a legal vacuum in the most important sector of the Iraqi national economy because of the chaos of successive Iraqi governments, and its refusal to recognize the principle of partnership for the Kurdistan Regional Government (the only province in Iraq), through legislation Which means that the federal government bear all the legal problems through the conclusion of contracts with foreign parties, and the implementation of all other oil operations, without a law that delineates the scope of contracts and operations, all in order not to recognize the right of the province of Ku Redistan partnership in a national wealth owned by the people of this territory under the title of ownership, which is the Iraqi Constitution itself, in Article (111) of this Constitution.

Sixth Axis: Violations of Public Rights and Freedoms:

The protection of public rights and freedoms is one of the principles of the majority of modern constitutions in the world. At the international level, the vast majority of international organizations work to realize these principles. The most important of these organizations is the United Nations Organization, whose charter stipulates that these principles must be protected in its preamble and in More than one chapter of the Charter, but one of the basic purposes that the United Nations seeks to achieve. The importance of these principles is that they are directly related to the rights and freedoms of the individual, which is the first and fundamental building block for the family, the state and the international community. The violation of these rights does not affect only the individual but directly or indirectly affects the international community. Where the main reason behind the formation of gangs is that the people of the areas where the emergence of these gangs have been marginalized and excluded Governments did not respect their rights and violated their basic freedoms.

Note that the current Iraqi constitution has stipulated many of these rights and public freedoms, which was one of the main motives behind the approval of most sections of the people on this Constitution, but the successive Iraqi governments, which were formed in accordance with the provisions of this Constitution has violated most texts on the rights and freedoms Below are some of these violations and as follows:

The second paragraph of article (2), which stipulates that (This Constitution guarantees the full religious rights of all individuals in the freedom of religious belief and practice .....)

Iraqi governments have not been able to defend the freedom of religion and its practice of religious minorities (Yazidis, Christians, Sabians, and Ka'akis), since they have not been able to practice their religion freely and freely since 2005. Until now, These religions facilitate the practice of their religious rites.

Article 14 states that "Iraqis are equal before the law without distinction as to race, race, nationality, origin, etc."

Successive Iraqi governments have reversed this constitutional article, where the policy of racial discrimination has been practiced against the different sects of the Iraqi people, distinguishing the Shiite community from the rest of the sects and in various spheres of life. Such as the public service, the distribution of imports, postgraduate studies, scholarships and diplomatic missions. Even in providing security for the Iraqi population, Iraqi governments could not achieve equality among the Iraqi people. Where we see that the campaigns of forced displacement were practiced against most nationalities and sects except the followers of the Shiite religion, even if we conducted a statistical within the displaced to prove this fact, where we see that the vast majority of the displaced are Sunni Arabs, Christians and Sabians and owners of other religions and peremptory evidence of forced displacement (2017) that Christians should either pay tribute, Islam or murder, and no one would answer this statement. This was also practiced by the Iraqi governments during the rule of the Baath party as if history repeats itself.

Article (15) stipulates that "Everyone has the right to life, security and liberty. No deprivation of these rights may be permitted or restricted in accordance with the law and on the basis of a decision issued by a judicial body." Article 37 (b) stipulates that " Except by judicial decision).

Iraqi governments have fully reversed this article. There are many arrests against the Sunni component outside the law and judicial decisions. In addition, hundreds of assassinations have been committed against the Sunni community, with the presence of Iraqi governments. These governments have not been silent in this regard. For example, in 2015, the number of kidnappings in Iraq reached 524 and the number of assassinations reached 875. In 2016, 354 people were kidnapped and 518 were assassinated. We can prove this by conclusive evidence.

The second paragraph of Article 28 and Articles 29 and 30 stipulate a set of personal, social and economic rights for the Iraqi individual (such as reducing the tax on limited income holders, maintaining the family entity, protecting maternity, childhood and old age, Economic exploitation, prevention of violence in the family and school, ensuring social and health security and the basic elements of a dignified life, providing income and adequate housing for the individual and the family, and ensuring the social and health security of the Iraqis in case of old age, illness or disability.

Iraqi governments can not provide any of these rights in the right way for the Iraqi family. There is nothing wrong with the fragmentation of thousands of families, whether because of war, poverty, disability or ignorance. If we talk about protecting motherhood, childhood and old age, the situation of these groups does not hide their situation. Thousands of them have been displaced from their homes because of forced displacement or because of terrorism and the inability of the Iraqi government to maintain security, in addition to thousands of children deprived of the right to education and the right to live in decent life, and thousands of thousands of them in the streets and exposure to various types of violations, And so it is for the rest The rights mentioned in this paragraph, they are all neglected by successive Iraqi governments or whether they Mottagsidin is Mottagsidin and in both cases, those rights have been wasted and bear responsibility regarding successive Iraqi governments.

5 Articles (31, 32) regulating a range of health rights for the Iraqi individual (such as the right to health care, the establishment of hospitals and health institutions, and the care of the disabled and those with special needs). Iraqi governments can not take into account these rights, especially the right of the citizens of the Kurdistan Region. Although the expenses allocated for the purchase of medicines and medical supplies are the sovereign expenditures in Iraq and budget allocated by all other paragraphs of the Iraqi budget, but the Iraqi government reduced the share of the region of medicine And the medical supplies instead of increasing, and this is contrary to what we were waiting for from the Iraqi governments because the region hosted more than (1,800,000) million and eight hundred thousand displaced and refugees from the Iraqi provinces and to hide on someone requires treatment of this large number of refugees from medicine and provide the clinic Fiat and the medical equipment necessary to treat them. If we want to talk about caring for the disabled, the Iraqi governments are also limited in this field. There are thousands of Aaqis in Iraq before the war against terrorism and thousands after the war against terrorism. The Iraqi governments did not respect them and have no plans to take them into account in the future. For the rest of the rights mentioned in this paragraph.

Article (33) stipulates that "the State should provide a safe environment for its citizens". The government has not been able to meet this important commitment, which is the life of its citizens. Instead, Iraq's environment has become more polluted after 2003.

Article (41) states that "Iraqis are free to abide by their personal status according to their religion, sect, beliefs, choice, etc."

The Iraqi governments have stopped this article because they do not organize their personal status according to their sects and beliefs. This is an explicit violation of the principles of freedom of belief, which is one of the most important rights of citizens and the basis of coexistence between the people of different faiths in the state.

8, paragraph 1 of Article (44), which stated that (the Iraqis freedom of movement and housing inside and outside Iraq).

Iraqi governments have worked to reverse this article by preventing women's travel alone.

9 Paragraph III of Article (37), which stipulates (Prevention of trafficking in women).

Iraqi governments have been very limited in this regard, as evidenced by the widespread phenomenon of marriage of minors and girls who have not attained the age of 18 years.

Article 125 (This Constitution shall guarantee the administrative, political, cultural and educational rights of the various nationalities, etc.).

Iraqi governments have also blocked this article as governments can not guarantee any political, administrative, cultural or educational rights to the various nationalities in Iraq as they should.

Article (132 / I II) stipulates that "the State shall guarantee the care of the families of martyrs and political prisoners ... and compensate the families of martyrs and those injured as a result of terrorist acts."

Iraqi governments can not guarantee the rights of martyrs and political prisoners, especially the martyrs and political prisoners from the people of the Kurdistan Region, where it was the duty of the Iraqi governments to compensate the Anfal people and the families of martyrs (Halabja, who were martyred in their struggle against the former regime) The citizens of Halabja were counted as genocide by the Iraqi parliament. The government did not compensate the political prisoners at that time as well. As for the families of the martyrs and the injured as a result of terrorist acts, the Iraqi governments are very deficient in this area, for example in the war against Da'ash killed (1693) of the Peshmerga forces and wounded about (10000) of them. Neither the Iraqi governments nor the families of these heroes have compensated nor even expressed their intention to compensate them, as did the rest of the families of the martyrs and those injured as a result of the terrorist acts of 2003 and 2017.

The seventh axis: the lack of integration of the legal and legislative system in Iraq:

That the Iraqi federal authorities have repeatedly tried to disrupt the Iraqi constitution by not submitting draft laws by the government embodying the federal system in the new Iraq, but the federal authorities in general and the government in particular the spirit of a central system to be administered as it was administered before 2003, Laws of a central nature in an urgent and quick Either laws that have a federal nature, the Iraqi government does not submit projects on them, and does not make the Council of the necessary attention to the issuance of such laws, in addition to that if they were presented, the parliamentary blocs that represent the power working on the sweat Tha under the dye parliamentary majority and Iraq was a nationalist one fabric state, the following review of constitutional articles that have been disabled has not issued the relevant matters which confirm the issuance of these materials laws around the laws.

Article 12: First: The law of Iraq, its emblem and national anthem shall be regulated by law, in a way that symbolizes the components of the Iraqi people.

Second: It shall be organized by law, decorations, holidays, religious and national occasions, Hijri calendar and Gregorian calendar.

Since it is necessary to refer to the components of the people in science and to date uses the Iraqi flag, which was approved by the former Iraqi regime with minor amendments it does not live up to the level of coding to the components of the Iraqi people, in other words there is no presence of the Kurdish people in the Iraqi flag as well as the rest of the components of the Iraqi people, The national holidays and events of the Kurdish people are marginalized by the federal authorities.

2. Article 18 of the Iraqi Constitution states that whoever is born of an Iraqi mother is an Iraqi. The federal government has disabled this article, which affects the maintenance of the rights of Iraqi women.

3 Articles 21, 22, and 24. These articles include political asylum, non-extradition of refugees, the right to establish trade unions and unions, freedom of movement of labor and goods, the right to own property, and the prohibition of property for purposes of population change.

Article (84) of the Constitution confirmed the issuance of the law on the work of the security services and the intelligence service, but it has not been issued so far, causing a lot of violations in the field of human rights in addition to the failure of the possibilities of these devices in maintaining national security, In the control of gangs on more than one-third of Iraqi territory, when the second largest province, the province of Nineveh and then the province of Tikrit and the provinces and areas of Kirkuk fell in the hands of the people could not maintain them.

5. Failure to issue emergency law to regulate the affairs of the country during the war under paragraph IX of Article (61) of the Constitution.

6 Article (86) The law was not issued for the work of ministries, which caused the disruption of the work of citizens in addition to the imbalance in the relationship between the organs of the federal government and the provinces and provinces not organized in the province.

Article (93 / VI) The law concerning the dismissal of violations against the President of the Republic and the Prime Minister has not been issued. This has resulted in the disruption of justice. The Prime Minister has also cut the budget for the Kurdistan Region without a law.

8 - The non-issuance of the law of oil and gas under the first paragraph of Article (112) of the Constitution, where there is a special chapter of this file in this note.

Article (113) The law on relics has not been enacted, which has resulted in neglecting a large part of the civilization of the Iraqi peoples and the civilization of Mesopotamia.

10 that the file of customs in Iraq is going through a legal chaos, especially those that are collected in the points that are entered into the provinces of the Kurdistan Region, it was necessary to pass a law under the first paragraph of Article (114) of the Constitution.

Article (123) The law on the delegation of powers of the federal government to the provinces has not been issued. This is contrary to the principle of administrative decentralization on which the administrative system in Iraq was based.

Article 124 The status of the capital Baghdad has not been regulated by law.

Eighth axis: the failure of the Iraqi state:

The failure of the Iraqi state and the inability of successive governments to manage Iraq's federal state have clearly emerged. There is a set of international standards and indicators indicate the failure of the Iraqi state in all aspects of life and explicitly referred to the relevant international organizations and bodies. Iraq is weak and ineffective in the provision of basic services, security and economic prosperity. Despite international assistance for the rise in Iraq, this country suffers from the scourge of ongoing war, economic deterioration, rampant corruption, widespread violations of human and minority rights, and the end of peaceful coexistence. neighboring countries. Iraq is unable to carry out its tasks as a real state and to destroy all pillars of federalism by implementing or disabling a number of articles of the Constitution as follows:

First: Article (7) / (First) and (II) provides as follows:

First: Any entity or approach that adopts racism, terrorism, takfir, cleansing, instigates, preaches, glorifies, promotes or justifies it, especially the Saddamist Baath Party in Iraq and its symbols under any name, may not be included in political pluralism in Iraq. By law.

Second: The State is committed to fighting terrorism in all its forms and works to protect its territory from being a headquarters, corridor or arena for its activities.

The Republic of Iraq failed to prohibit the establishment of entities that espouse racism, terrorism and Takfiri. Terrorist organizations continue their bloody and inhuman activities, many of which have appeared on Iraqi soil and the state has not been able to prevent them. Proof of this is the announcement of the organization of the terrorist "Daqash" on a large part of the Iraqi territory, especially in the city of Mosul, the second largest city in Iraq. This state did not protect its citizens and became subject to sectarian cleansing and genocide by armed terrorist groups. Because of the fragility of Iraq's security and defense institutions, the most lethal terrorist organization in the world, the richest and most powerful terrorist organization in the world, has not only threatened Iraq but has threatened the world as a whole. Iraq is no longer a safe haven for Iraqis. According to UN statistics, has become one of the world's most vulnerable to migration, forced displacement and mass exodus, if the figures indicate five million Iraqis living outside their usual homes, including 1.8 million Iraqis and Syrians settled in the province of Kurdistan. Since the constitution was passed in 2005, the number of immigrants and displaced persons has been increasing. In spite of all the above, the Iraqi state did not supply the Peshmerga forces, which are formed under the Iraqi constitution, with weapons and military equipment to avoid part of these humanitarian and social disasters.

The basic function of the state is to protect its citizens from aggression and terrorism. Under Article 109 of the Iraqi Constitution, "the federal authorities maintain the unity, integrity, independence, sovereignty and federal democratic system of Iraq, and one of the exclusive functions of the federal authority under Article 110 (II)" is to establish and implement the national security policy, Including the establishment and management of armed forces to ensure the protection and ensure the security of Iraq's borders, and defend it. "

It is known that the Iraqi authorities have not maintained the unity, independence and sovereignty of Iraq since the promulgation of this constitution in 2005. It did not really protect Iraqi territory, which was under the control of terrorist organizations for long periods. We draw the attention of the international community, what are the guarantees that other terrorist organizations will not appear more powerful than the preachers? Who in the world expected the emergence of the spaya market, the mass rape of women and the mass murder of Yazidis in 2014 continues to this day? The ground of Iraq is still fertile to commit humanitarian and social disasters and the emergence of similar organizations to drowsy. History and international crimes have re-established themselves many times in Iraq.

Second: Article (8) provides the following:

"Iraq abides by the principle of good neighborliness, is committed to non-interference in the internal affairs of other countries, seeks to resolve disputes by peaceful means, maintains relations on the basis of common interests and reciprocity, and respects its international obligations."

Iraqi governments can not maintain Iraq's independence and sovereignty in dealing with neighboring countries on the basis of common interests and reciprocity. Iraq has not only nurtured good-neighborliness at the same level but has become subject to some neighboring countries.The concept of good neighborliness was vulnerable to exploitation, as it was a means of interfering in the internal affairs of Iraq in order to enhance the ideological or ideological good-neighborliness and expand the influence of some neighboring countries without regard to the geographical barriers and the international borders.

Under Article 110 of the Constitution, the Iraqi federal authorities shall have exclusive competence in the field of international waters as follows:

"Eighth: Planning water resources policies from outside Iraq and ensuring adequate flow of water and equitable distribution within Iraq in accordance with international laws and norms."

Iraq did not do its duty to ensure the flow of water from neighboring countries. Iraq remained silent and observer of the projects of water dams for neighboring countries. Iraq may find itself deprived of future water from the Tigris and the Euphrates. There is no planning for water policies outside Iraq. There is no guarantee of basic services in Iraq without the flow of water from the two rivers.

Third: Article (9) (I) provides for the following:

"The Iraqi armed forces and the security services are composed of the components of the Iraqi people, taking into consideration their balance and symmetry without distinction or exclusion. They are subject to the leadership of the civil authority, defend Iraq and be a tool to suppress the Iraqi people and not interfere in political affairs and have no role in the rotation of power.

B. The formation of military militias outside the framework of the armed forces. "

Iraqi governments could not prevent the formation of militias outside the armed forces. And that one of the Iraqi components fully control the Iraqi armed forces and security services in Iraq. In the beginning, the popular crowd was formed outside the defense and constitutional institutions. This body is composed of one Iraqi component. After a period of formation of its military formations and in the date of 14/12/2016, the law of the People's Assembly No. 40 of 2016 was promulgated in the Official Gazette of the Iraqi Chronicle (4429). It should be noted that the Popular Propaganda Authority is composed of many factions, each of which is subject to personalities, political parties and certain non-governmental entities. This body is non-professional, militarily unregulated, has political positions in national affairs and interferes with political differences. As a result, Iraq became a state of multiple armies and armed forces. The State of Iraq is one of the rare countries in the world that does not have a unified defensive force, and this body devotes the phenomenon of a state within the state. Thus, security and stability are at the mercy of various factions and military militias, all contrary to the Iraqi constitution.

Fourth: Article 25 states:

"The State guarantees the reform of the Iraqi economy on the basis of modern and in a way to ensure the full investment of resources and diversification of sources and encourage and develop the private sector."

Article (28) / (I) and (II) provides as follows:

"First: Do not impose taxes and fees, and not amended, and is not levied, nor exempted, except by law.

Second: the low income earners shall be exempted from taxes to ensure that the minimum necessary for living is not affected, and this shall be regulated by law.

Article 106 provides that:

"A law shall be established by a public body to monitor the allocation of federal imports. The Commission shall be composed of experts from the federal government, regions and governorates and their representatives, and shall assume the following responsibilities:

First: To verify the fairness of the distribution of grants, aid and international loans under the entitlement of regions and governorates not organized in a region.

Second: To verify the optimal use and sharing of federal financial resources.

Third: Ensuring transparency and fairness when allocating funds to the governments of regions or governorates not organized in a region according to the prescribed rates.

Despite the international aid, but the Iraqi state could not reform the Iraqi economy according to modern economic fundamentals as stipulated in Article (25) of the Constitution. The Iraqi state failed to regulate taxes by law, which negatively affected the Iraqi economy as stipulated in Article (28). The State of Iraq has failed to establish a public body to monitor the allocation of federal imports. Iraq is on the brink of economic collapse. The annual budget determined by the Iraqi Council of Representatives is not properly implemented for certain political and sectarian reasons, the percentage of Iraq's annual budget allocated to the Kurdistan Region has not been respected by the Iraqi government. Since the beginning of 2014, there is an economic split, Iraq is divided into two parts. Department does not spend on imports and the federal budget, such as the Kurdistan region and Sunni areas unstable security, and another section of Iraq is blessed with imports of the Iraqi state. Federal authorities did not achieve justice, and international grants, aid and loans were not distributed as stipulated in the Constitution. In addition, the Republic of Iraq suffers from a sharp drop in the central bank's cash reserves. These are the exclusive competencies of the federal authorities in accordance with Article 110 (III), which states as follows:

"Drawing up fiscal and customs policy, issuing currency and regulating trade policy across the borders of provinces and provinces in Iraq, setting the general budget of the state, drawing up monetary policy, establishing a central bank and managing it."

Sixth: Article (12 / second)

"Second: It shall be regulated by the law of decorations, official holidays, religious and national events and the Hijri and Gregorian calendar."

The law governing holidays has not been legislated, causing the non-standardization of official holidays inside Iraq. The most important religious holidays in Iraq are Eid al-Adha and Eid al-Fitr, which are not celebrated in one day or one city or one neighborhood. Some celebrate Eid and others celebrate religious festivals with neighboring countries and not with their neighborhood neighbors. The Iraqi people do not feel national unity at religious and national festivals. Sectarianism is predominant in determining holidays.

Fifth: Article (110) / IX states that:

"The authorities shall have the following exclusive powers:

Ninth: The census and the general population census. "

Since the constitution was passed, Iraq has failed to carry out the census and population census.The absence of statistics and the general census of the population greatly affects the conduct of electoral processes and democracy in Iraq. In all of Iraq's claims, there are mutual accusations about the fairness of the vote.

The absence of census and census of the population affects the implementation of two important articles in the Iraqi Constitution, namely Article (49) / first, which read in the form of the following:

"First: The House of Representatives consists of the number of members by one seat for every hundred thousand people of the people of Iraq representing the entire Iraqi people, are elected by direct universal secret ballot, and takes into account the representation of all components of the people in it.

On what basis was the House of Representatives (328) deputies in accordance with Article (11) of the Law of Election of the Iraqi Council of Representatives No. (45) for the year 2014? It should be noted that this number does not represent one seat per 100,000 inhabitants. Is a violation of the Constitution prepare the voter register according to the ration card database.

The main reason behind the disqualification of article 110 is the absence of good faith in the implementation of the constitutional article (140), already mentioned. One of the most important steps to achieve Article (140) and the fate of the disputed areas is the procedure (statistics). There is no real intention on the part of the Iraqi authorities to implement this article, and the republic has tried all ways to prevent its implementation, including the lack of census and population census.

In summary, the articles and constitutional clauses that Iraq has violated in whole or in part are 63 constitutional articles, namely: 1, 2, 4, 5, 7, 8, 9, 11, 12, 14, 15, 18, 19, 2, 33, 34, 36, 37, 41, 44, 47, 48, 49, 61, 65, 80, 84, 85, 86, 88, 92, 113, 105, 106, 107, 109, 110, 111, 112, 113, 114, 117, 118, 119, 121, 123, 124, 125, 130, 132, 135, 137, 140 and 141).

 

 

I read the whole thing and i hate to say it but its true. Many of the constitutional laws that were done have not been implemented and many articles have not been passed and many dont even have a draft law yet. I know that i will get hammered for this but the kurds are right in this whole article and until their problems are solved according to the constitution like abadi says then you will not have a sovereign country with all the laws that make it so.

[10 YEARS LATER]

Almost forgot - I REALLY, REALLY, REALLY - HATE THESE FOOLS. 

 

Hurry the Hell the Up Iraq 

[yota691]

Barzani and US Ambassador discuss tackling lingering problems between Baghdad and Erbil

 

 Since 2017-11-30 at 18:00 (Baghdad time)

Baghdad - Mawazine News

The head of the Kurdistan Regional Government, Nigervan Barzani, and the US ambassador to Baghdad, Douglas Silliman, on Thursday, addressed the outstanding problems between Baghdad and Erbil, while the parties stressed the start of serious dialogue on the basis of the Iraqi constitution.

A statement from the Office of the Prime Minister of Kurdistan, received / Mawazine News / a copy, that "Barzani received the US ambassador to Iraq, Douglas Silimman, and the delegation accompanying him."

"The meeting was attended by Qubad Talabani, Deputy Prime Minister of the Kurdistan Region," the statement said. "The meeting discussed the latest political developments and the security situation in Iraq, the Kurdistan region and the region, and the draft federal budget law for the Federal Republic of Iraq."

He pointed out that "the meeting put forward the bilateral relations between Washington and Erbil, and ways of developing them in different fields, including the interests of both parties, for discussion and discussion.

The two sides discussed "the relations between Erbil and Baghdad, and the developments of those relations, while addressing the outstanding problems between the two parties," stressing the "beginning of serious dialogue between the federal government and the KRG on the basis of the Iraqi constitution."

[yota691]

The territorial government sets a condition for handing over border posts to Baghdad

 

 Since 2017-11-30 at 18:42 (Baghdad time)

Erbil - Mawazine News

The Kurdistan Regional Government (KRG) has established a condition for handing over the border posts under Peshmerga control to Baghdad.

The Federal Parliament voted on the 29th of last September, the closure of the border crossing points outside the authority of the Iraqi state, and there are four border ports for the region, two with Iran, and two with Turkey.

A Kurdish source familiar with / Mawazin News, "about" contacts and negotiations ongoing between the Iraqi government and the Kurdistan Regional Government and at the level of military and mediated by the US to reach a final agreement on the receipt of border crossings. "

The source pointed out that "the Kurdish side agreed to the request of the Iraqi government to hand over ports and airports and oil revenues at once provided that not reduce the share of the budget for the year 2018," explaining that "the region is unable to pay the salaries of staff even for one month because of the financial crisis, Sources of funding that he controlled. "

"The issue of restoring control over the border crossings is still the talk of negotiations between the federal government and the Kurdistan Regional Government, and we are waiting for a final decision and we have the full readiness to manage these ports," spokesman Mohammed al-Shuwaili told Mawazin News. "He said.

Egyptian, Lebanese, Emirati, Jordanian, Turkish, Iranian and Qatari airlines suspended flights to Erbil and Sulaymaniyah airports at the request of the Iraqi government.

[gregp]

Mr. Abadi, 

 

if you’re reading this forum, please accept the offer. 

 

Thanks.

 

[nannab]

Please !!!!!!!!!!!!!!!!!!!!!!!!!